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NeCede's

Maxim 8.1.21

The judge in his decision ought to follow the rule when the exception is not proved.

Judicis est in pronunciando sequi regulam, exceptione non probata.

Source: Branch, Princ.; Bouvier, Max.; Weisman, 64f Difficulty 2/5 — Approachable

Explanation

The general rule governs unless the party claiming an exception demonstrates its applicability — the burden of proving the exception falls on the party who invokes it.

Where this applies

  • My opponent claims an exception to the rule but hasn't proven the exception applies.
  • The general rule should control unless the other side proves their case falls into an exception.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.1.21 — The judge in his decision ought to follow the rule when the exception is not proved. — Branch, Princ.; Bouvier, Max.; Weisman, 64f (Judicis est in pronunciando sequi regulam, exceptione non probata.)

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