Maxim 3.2.7
The names of things ought to be understood not according to the opinion of individuals but according to common usage.
Nomina rerum non sunt distinguenda secundum opinionem singulorum, sed secundum communem usum.
Source: Dig. 33, 10, 7, 2; Weisman, 81i
Difficulty 2/5 — Approachable
Explanation
Legal terms are defined by their established common-law meaning — not by a private or novel interpretation adopted by one party.
Where this applies
- A party defines a legal term differently from its common usage.
- Someone gives a word a private meaning that contradicts how everyone else uses it.
Legal domains
See also
Cite this maxim
NeCede Max. 3.2.7 — The names of things ought to be understood not according to the opinion of individuals but according to common usage. — Dig. 33, 10, 7, 2; Weisman, 81i (Nomina rerum non sunt distinguenda secundum opinionem singulorum, sed secundum communem usum.)
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