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NeCede's

Maxim 8.10.9

Let it be done as it has been accustomed to be done.

Fiat ut fieri consuevit.

Source: Jenk. Cent. 116, case 39; Branch, Princ.; Weisman, 88m Difficulty 2/5 — Approachable

Explanation

Established usage carries the force of law — courts should follow customary practice unless it has been shown to conflict with a higher principle.

Where this applies

  • This is how the court has always handled these cases — let's keep doing it that way.
  • Long-established court practice should be followed unless there's a compelling reason to change.

Legal domains

See also

Cite this maxim

NeCede Max. 8.10.9 — Let it be done as it has been accustomed to be done. — Jenk. Cent. 116, case 39; Branch, Princ.; Weisman, 88m (Fiat ut fieri consuevit.)

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