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NeCede's

Maxim 8.10.2

We are to judge by laws, not by examples.

Non exemplis sed legibus judicandum est.

Source: 4 Co. 33b; 4 Bl. Comm. 405 Difficulty 2/5 — Approachable

Explanation

Precedent is a guide, not a master — when a prior decision conflicts with the law itself, the law prevails and the precedent must yield.

Where this applies

  • A prior court case set a precedent but it contradicts the actual text of the law.
  • A bad example from the past shouldn't override what the law clearly says.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 8.10.2 — We are to judge by laws, not by examples. — 4 Co. 33b; 4 Bl. Comm. 405 (Non exemplis sed legibus judicandum est.)

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