Maxim 2.4.21
By natural right, anyone is entitled to summon another into court.
Source: Branch, Max. 120; Weisman, 82g
Difficulty 4/5 — Advanced
Explanation
(English-origin maxim.) Every person has an inherent right to bring another before a court of justice — the right of access to the courts is a natural right, not a privilege granted by the state.
Where this applies
- A small claims court charges a filing fee so high that low-income plaintiffs cannot afford to bring their cases, and the court strikes the fee because the right to summon another to court is a natural right that cannot be priced out of reach.
- A government official claims immunity from being sued, and the court holds that every person has an inherent right to bring any other person — including a government officer — before a court of justice.
- A state restricts the right to file lawsuits to those who first exhaust administrative remedies that take years to complete, and a plaintiff challenges the restriction as violating the natural right of access to the courts.
Legal domains
Cite this maxim
NeCede Max. 2.4.21 — By natural right, anyone is entitled to summon another into court. — Branch, Max. 120; Weisman, 82g
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