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NeCede's

Maxim 8.6.11

In things preceding judgment the plaintiff is favoured.

In preparatoriis ad judicium favetur actori.

Source: 2 Inst. 57; Jackson; Weisman, 64cc Difficulty 2/5 — Approachable

Explanation

In the pre-trial and preparatory stages of litigation, the law gives the plaintiff a favorable construction to ensure his case reaches a hearing on the merits.

Where this applies

  • Before trial, the plaintiff gets the benefit of the doubt in pre-trial motions.
  • At the pleading stage, the court assumes the plaintiff's allegations are true.

Legal domains

Cite this maxim

NeCede Max. 8.6.11 — In things preceding judgment the plaintiff is favoured. — 2 Inst. 57; Jackson; Weisman, 64cc (In preparatoriis ad judicium favetur actori.)

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