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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