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NeCede's

Maxim 8.10.3

Things introduced contrary to the reason of the law ought not to be drawn into precedent.

Quae contra rationem juris introducta sunt, non debent trahi in consequentiam.

Source: 12 Co. 75; Dig. 1, 3, 14; Dig. 50, 17; Weisman, 88e Difficulty 2/5 — Approachable

Explanation

An aberrant decision — one that contradicts established legal principles — should be confined to its facts and never extended to new cases.

Where this applies

  • A court decision that was clearly wrong shouldn't be extended to new cases.
  • An aberrant ruling from decades ago is being cited as authority for a new injustice.

Topics

Precedent

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 8.10.3 — Things introduced contrary to the reason of the law ought not to be drawn into precedent. — 12 Co. 75; Dig. 1, 3, 14; Dig. 50, 17; Weisman, 88e (Quae contra rationem juris introducta sunt, non debent trahi in consequentiam.)

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