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NeCede's

Maxim 8.5.30

No one goes to law without an action, and no one can bring an action without a writ or bill.

Source: Bract. fol. 112; Fleta, 1.2, c. 13, s. 4; Weisman, 75c Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Access to the courts requires a formal writ or bill — no action can be commenced without the proper originating process.

Where this applies

  • A man who wants to sue his neighbor for trespassing must first file a formal complaint or petition with the court — he cannot simply show up and demand a hearing.
  • A creditor who wants to collect a debt through the courts must file a proper lawsuit to begin the process.
  • A citizen who believes a government agency violated her rights must initiate a formal legal action before the court can hear her grievance.

Legal domains

Cite this maxim

NeCede Max. 8.5.30 — No one goes to law without an action, and no one can bring an action without a writ or bill. — Bract. fol. 112; Fleta, 1.2, c. 13, s. 4; Weisman, 75c

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