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NeCede's

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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