Maxim 9.4.5
Common opinion is of two kinds: the common opinion of the people, and the opinion which arises from law and custom.
Communis opinio est duplex, viz., opinio vulgaris, et opinio quae oritur ex jure et consuetudine.
Source: Co. Litt. 186a; Wing. Max. 203
Difficulty 2/5 — Approachable
Explanation
The courts distinguish between popular rumor (which has no evidentiary value) and the settled understanding of law and practice (which may be received as authority).
Where this applies
- The other side is relying on popular rumor instead of established legal understanding.
- There's a difference between what people gossip about and what the law recognizes as common knowledge.
- They're trying to use public opinion as evidence instead of proper legal authority.
Legal domains
See also
Cite this maxim
NeCede Max. 9.4.5 — Common opinion is of two kinds: the common opinion of the people, and the opinion which arises from law and custom. — Co. Litt. 186a; Wing. Max. 203 (Communis opinio est duplex, viz., opinio vulgaris, et opinio quae oritur ex jure et consuetudine.)
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