Maxim 9.4.10
Common opinion is good authority in law.
Source: Co. Litt. 186a; Bank of Utica v. Mersereau, 3 Barb. Ch. (N. Y.) 528, 577, 49 Am. Dec. 189; Weisman, 17c
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The settled opinion of learned and experienced persons on a point of law or practice carries authoritative weight and may be cited as a legitimate source of legal reasoning.
Where this applies
- A lawyer cites a legal principle that has been recognized by multiple generations of judges and scholars — the court gives it weight because long-settled opinion among learned authorities is itself a valid source of law.
- A party challenges a rule of practice that has been followed without objection for a century — the court upholds it because common opinion over time becomes good authority.
- A novel question arises, and counsel cites the unanimous view of the leading treatise writers on the subject — the court treats that consensus as persuasive authority even without a directly controlling case.
Legal domains
Cite this maxim
NeCede Max. 9.4.10 — Common opinion is good authority in law. — Co. Litt. 186a; Bank of Utica v. Mersereau, 3 Barb. Ch. (N. Y.) 528, 577, 49 Am. Dec. 189; Weisman, 17c
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