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NeCede's

Maxim 8.8.18

The intention, the count, and the foundation, ought to be certain, and so ought the thing to be which is brought for judgment.

Certa debet esse intentio, et narratio, et certum fundamentum, et certa res quae deducitur in judicium.

Source: Co. Litt. 303a; Jackson; Weisman, 64p Difficulty 1/5 — Foundational

Explanation

Every element of a legal proceeding must be stated with certainty — vague or indefinite claims deprive the opposing party of fair notice and prevent the court from rendering a proper judgment.

Where this applies

  • My complaint was so vague that the other side didn't know what I was claiming.
  • The lawsuit must clearly identify what is being disputed — vague claims get dismissed.

Legal domains

Cite this maxim

NeCede Max. 8.8.18 — The intention, the count, and the foundation, ought to be certain, and so ought the thing to be which is brought for judgment. — Co. Litt. 303a; Jackson; Weisman, 64p (Certa debet esse intentio, et narratio, et certum fundamentum, et certa res quae deducitur in judicium.)

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