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NeCede's

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

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