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NeCede's

Maxim 7.8.35

The deprivation of any rights may be punished.

Source: Cummings v. Missouri, 4 Wall. (71 U.S.) 277, 320; Weisman, 92aa Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The deprivation of any right — whether by civil disability, exclusion from a profession, or denial of a previously held privilege — is a punishable wrong. Cite this to establish that government actions stripping rights are subject to due process of law, and that the wrongful taking of a right gives rise to a cause of action.

Where this applies

  • A state bars a man from practicing law without a hearing, and the court holds that stripping a professional license is a punishment requiring due process.
  • A city revokes a vendor's business permit as a penalty for political speech, and the vendor sues because the deprivation of his right to do business is itself a punishable wrong.
  • A government agency cancels a family's food assistance without notice, and the court rules that taking away an established benefit is a deprivation that demands legal process.

Legal domains

Cite this maxim

NeCede Max. 7.8.35 — The deprivation of any rights may be punished. — Cummings v. Missouri, 4 Wall. (71 U.S.) 277, 320; Weisman, 92aa

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