Maxim 8.5.21
An example [in judicial proceedings] does no good which settles one question by another.
Source: Hatch v. Mann, 15 Wend. (N.Y.) 44, 49; Weisman, 65m
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A judicial precedent that resolves one disputed question only by raising another is of no value — a good example settles more than it disturbs.
Where this applies
- A judge cites a prior case to resolve a property dispute, but that prior case itself was decided on uncertain grounds — an example that merely raises new questions is no help.
- A court tries to use a precedent to settle an insurance question, but the precedent created more ambiguity than it resolved, making it worthless as guidance.
- A lawyer argues from a case that answered one legal question only by opening three more, and the judge rejects it as unhelpful.
Legal domains
Cite this maxim
NeCede Max. 8.5.21 — An example [in judicial proceedings] does no good which settles one question by another. — Hatch v. Mann, 15 Wend. (N.Y.) 44, 49; Weisman, 65m
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