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NeCede's

Maxim 8.5.42

The end of litigation is justice.

Source: Union Pac. Ry. v. Botsford, 141 U.S. 258; Weisman, 75y Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The ultimate purpose of all litigation is the attainment of justice — procedure is a means, not an end, and must yield when it obstructs rather than serves justice.

Where this applies

  • A judge streamlines a complex trial by cutting redundant procedural steps, reasoning that the goal of litigation is to reach a just outcome, not to follow procedure for its own sake.
  • An appellate court reverses a lower court's dismissal on a technicality, holding that the purpose of the legal system is justice, and procedure must serve that purpose.
  • A mediator reminds both parties that the point of their dispute resolution process is to achieve a fair result, not to win procedural battles.

Legal domains

Cite this maxim

NeCede Max. 8.5.42 — The end of litigation is justice. — Union Pac. Ry. v. Botsford, 141 U.S. 258; Weisman, 75y

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