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
Found an error? Suggest a correction →