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NeCede's

Maxim 8.5.40

A matter, the validity of which is at issue in legal proceedings, cannot be set up as a bar [impediment] thereto.

Source: Bac. Max. reg. 2; Weisman, 75u Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A proceeding whose validity is the very question at issue cannot be pleaded as a bar to the suit challenging it — to allow otherwise would make every void act self-validating.

Where this applies

  • A tenant sues to have an eviction declared void, and the landlord cannot use the eviction itself as a defense to block the lawsuit.
  • A party challenges the legality of an election result, and the declared winner cannot cite the election result as a bar to the challenge.
  • A citizen sues to invalidate a government regulation, and the agency cannot point to the regulation as grounds for dismissing the suit — the very thing being questioned cannot serve as its own shield.

Legal domains

Cite this maxim

NeCede Max. 8.5.40 — A matter, the validity of which is at issue in legal proceedings, cannot be set up as a bar [impediment] thereto. — Bac. Max. reg. 2; Weisman, 75u

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