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NeCede's

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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