Maxim 8.8.22
Judgment in presumption of law is given contrary to inclination.
Judicium redditur in invitum, in praesumptione legis.
Source: Co. Litt. 248; Jackson; Weisman, 64d
Difficulty 2/5 — Approachable
Explanation
Default judgments and judgments based on legal presumption are entered against the unwilling party — the law acts upon those who refuse to participate in the process.
Where this applies
- I didn't respond to the lawsuit and now there's a default judgment against me.
- The court entered judgment based on legal presumption because the defendant failed to appear.
Legal domains
Cite this maxim
NeCede Max. 8.8.22 — Judgment in presumption of law is given contrary to inclination. — Co. Litt. 248; Jackson; Weisman, 64d (Judicium redditur in invitum, in praesumptione legis.)
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