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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