Maxim 8.10.19
We are to adhere to precedents, and not to unsettled things which are not established.
Source: Yates vs. Lansing, 9 Johns. (N.Y.) 395, 428; Moore vs. Lyons, 25 Wend. (N.Y.) 119, 142; Weisman, 88h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Courts should follow established precedents and avoid reliance on unsettled or novel propositions — stability and predictability in the law are essential to liberty.
Where this applies
- A judge follows a well-established line of Supreme Court cases rather than adopting a novel interpretation proposed by a law professor's article.
- An appellate court declines to adopt an untested legal theory and instead applies the settled precedent that has guided lower courts for decades.
- A trial judge applies longstanding case law on contract interpretation rather than relying on a new and unproven approach suggested by one of the parties.
Legal domains
Cite this maxim
NeCede Max. 8.10.19 — We are to adhere to precedents, and not to unsettled things which are not established. — Yates vs. Lansing, 9 Johns. (N.Y.) 395, 428; Moore vs. Lyons, 25 Wend. (N.Y.) 119, 142; Weisman, 88h
Found an error? Suggest a correction →