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NeCede's

Maxim 8.5.2

Every action proceeds in its own course.

Actio quaelibet it sua via.

Source: Jenk. Cent. 77; Weisman, 2c; Weisman, 75f Difficulty 2/5 — Approachable

Explanation

Each form of action has its own established procedure — a party must choose the correct form or his action fails.

Where this applies

  • I filed a breach of contract claim but used the wrong legal procedure.
  • My lawsuit was dismissed because I chose the wrong type of action.

Legal domains

See also

Cite this maxim

NeCede Max. 8.5.2 — Every action proceeds in its own course. — Jenk. Cent. 77; Weisman, 2c; Weisman, 75f (Actio quaelibet it sua via.)

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