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NeCede's

Maxim 3.2.13

Identity of a thing means the sameness in all that constitutes the objective reality of a thing.

Source: State v. Evjue, 33 N.W.2d 305, 309; Weisman, 56c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) To establish identity in law, one must show complete sameness in every material characteristic — a partial resemblance is insufficient where the question is whether two things are truly one and the same.

Where this applies

  • A plaintiff claims that a ring found in a pawnshop is her stolen engagement ring, but the court requires her to prove that every material characteristic — cut, setting, engraving, serial number — matches the original, not just that it looks similar.
  • A prosecutor must show that the drugs introduced at trial are the exact same substance seized from the defendant, matching in weight, chemical composition, and chain of custody.
  • An insurance company disputes a claim by arguing the car in the accident is not the same vehicle listed on the policy, because the VIN, color, and model year do not match.

Legal domains

Cite this maxim

NeCede Max. 3.2.13 — Identity of a thing means the sameness in all that constitutes the objective reality of a thing. — State v. Evjue, 33 N.W.2d 305, 309; Weisman, 56c

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