Maxim 8.8.28
Realities must dominate the judgment by a court.
Source: Appalachian Coals v. United States, 288 U.S. 344, 360; Weisman, 64q
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A court must decide cases based on actual facts and real-world conditions, not abstract theories or artificial constructions — practical realities govern judicial outcomes.
Where this applies
- A court looks past the technical language of a corporate restructuring to see that the real effect is to cheat creditors, and rules accordingly.
- A judge rejects a party's theoretical argument about market conditions and instead relies on actual sales data to determine fair market value.
- An appellate court reverses a lower court's ruling that ignored real-world economic conditions in favor of abstract legal doctrine.
Legal domains
Cite this maxim
NeCede Max. 8.8.28 — Realities must dominate the judgment by a court. — Appalachian Coals v. United States, 288 U.S. 344, 360; Weisman, 64q
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