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NeCede's

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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