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NeCede's

Maxim 7.9.22

Extraordinary conditions may call for extraordinary remedies.

Source: Schechter v. United States, 295 U.S. 495, 528; Weisman, 94x Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where ordinary remedies are inadequate to meet an extraordinary situation, the court may fashion extraordinary relief — unusual circumstances justify unusual measures.

Where this applies

  • During a pandemic, a court fashions an unprecedented emergency order allowing remote jury trials because the extraordinary circumstances demand an extraordinary procedural remedy.
  • A judge appoints a special master to oversee a hopelessly corrupt local government because ordinary oversight mechanisms have completely failed.
  • After a natural disaster destroys all court records, a court accepts alternative forms of proof that would not normally be admissible, because the situation demands flexibility.

Legal domains

Cite this maxim

NeCede Max. 7.9.22 — Extraordinary conditions may call for extraordinary remedies. — Schechter v. United States, 295 U.S. 495, 528; Weisman, 94x

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