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NeCede's

Maxim 6.7.10

An exception which confirms the law explains the law.

Source: 2 Bulst. 189; Weisman, 20d; Weisman, 40f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An exception to a rule confirms the rule's general applicability — the very existence of a stated exception proves that the rule governs all other cases.

Where this applies

  • A law says all vehicles must stop at a red light except emergency vehicles with sirens on — the exception for emergency vehicles confirms that the rule applies to everyone else.
  • A statute exempts churches from property tax, which confirms that all other property owners must pay — the exception proves the general rule.
  • A contract says no refunds except for defective products — the stated exception confirms that in all other cases, the no-refund rule applies.

Legal domains

Cite this maxim

NeCede Max. 6.7.10 — An exception which confirms the law explains the law. — 2 Bulst. 189; Weisman, 20d; Weisman, 40f

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