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.)
Found an error? Suggest a correction →