Maxim 8.5.22
In courts or judicial proceedings, infancy is aided or favored.
Source: Jenk. Cent. 46, case 89; Weisman, 65p
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Courts afford special protection to minors in judicial proceedings — the interests of children are guarded with particular care, and their disabilities are not held against them.
Where this applies
- A 15-year-old who signed a contract is allowed to void it because courts protect minors from being bound by agreements they may not fully understand.
- A court appoints a guardian ad litem to represent a child's interests in a custody dispute, ensuring the minor's rights are safeguarded.
- A teenage defendant's confession is scrutinized more carefully than an adult's would be, because the court gives special consideration to the youth's age and vulnerability.
Legal domains
Cite this maxim
NeCede Max. 8.5.22 — In courts or judicial proceedings, infancy is aided or favored. — Jenk. Cent. 46, case 89; Weisman, 65p
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