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NeCede's

Maxim 3.4.20

Things universal are better known than things particular.

Source: 2 Rolle, 294; Weisman, 69k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) General principles of law are more universally understood than the particular rules derived from them — begin any argument from the broad maxim before descending to the specific application.

Where this applies

  • A professor begins a lecture on contract law with the universal principle that agreements require mutual assent before diving into the particular rules governing offer and acceptance.
  • An appellate brief opens by stating the broad constitutional principle of due process before applying its specific requirements to the facts of the case.
  • A judge instructs the jury on the general principle that every person is presumed innocent before explaining the particular burden of proof the prosecution must meet.

Legal domains

Cite this maxim

NeCede Max. 3.4.20 — Things universal are better known than things particular. — 2 Rolle, 294; Weisman, 69k

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