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NeCede's

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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