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NeCede's

Maxim 3.1.18

No one can claim another's status as his own merely because he wishes it.

Source: C.L.M.; Weisman, 76k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Legal status — whether sui juris, citizen, officer, or any other recognized standing — is determined by law and fact, not by mere assertion or desire. Invoke this to challenge a party who claims an authority, privilege, or standing to which the law has not entitled him.

Where this applies

  • A private citizen flashes a fake badge and demands entry to a home, claiming he has police authority; the homeowner challenges him because no one can claim an officer's status simply by wanting it.
  • A man declares himself a judge and tries to hold court in his living room, but the law does not recognize a status that exists only in someone's imagination.
  • An unlicensed person holds himself out as a doctor; the court rules that professional status is conferred by law and qualification, not by self-proclamation.

Legal domains

Cite this maxim

NeCede Max. 3.1.18 — No one can claim another's status as his own merely because he wishes it. — C.L.M.; Weisman, 76k

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