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NeCede's

Maxim 8.8.32

Of [respecting] like things, [in like cases,] the judgment is to be the same.

Source: 7 Coke, 18; Weisman, 64hh Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Like cases must receive like judgments — consistency in judicial decisions is essential to the rule of law, and similar facts demand similar outcomes.

Where this applies

  • Two employees are caught embezzling the same amount of money under the same circumstances — the court gives them identical sentences because like cases demand like judgments.
  • A judge who sentenced one shoplifter to probation must sentence another shoplifter with nearly identical facts to probation as well, to maintain consistency.
  • An appellate court reverses a sentence that was wildly different from sentences given in comparable cases, because similar offenses require similar outcomes.

Legal domains

Cite this maxim

NeCede Max. 8.8.32 — Of [respecting] like things, [in like cases,] the judgment is to be the same. — 7 Coke, 18; Weisman, 64hh

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