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NeCede's

Maxim 3.7.6

If the form is not observed, the annulment of the act follows.

Non observata forma, infertur adnullatio actus.

Source: 12 Co. 7; Broom, Max. 64 Difficulty 1/5 — Foundational

Explanation

An officer who fails to follow the required procedure has not performed his duty — his act is void, not merely voidable.

Where this applies

  • An arrest is made without following the required procedure.
  • A government action fails because the officer did not follow the proper steps.

Legal domains

criminalprocedural

See also

Cite this maxim

NeCede Max. 3.7.6 — If the form is not observed, the annulment of the act follows. — 12 Co. 7; Broom, Max. 64 (Non observata forma, infertur adnullatio actus.)

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