Republic Keepers - Maxims of Law episodes:

• February 07, 2011Agree, Agreement

  5b.  An agreement induced by fraud cannot stand. Dig. 2, 14, 7, s. 9.

  5c.  Those things which are impossible to be given, or which are not in the nature of things, are regarded as no part of an agreement. Dig. 50, 17, 135.

  5i.  Nothing can be effected by an agreement that there shall be no accountability for fraud. Dig. 2, 14, 27, 3; Broom, Max. 3d. Lond. ed. 622, 188, n.

  5j.  By special agreement, things are allowed which are not otherwise permitted. Co. Litt. 166.

  5l.  The expressed agreement of the parties overcomes or prevails against the law, because the agreement of the parties makes the law of the contract. Story, Ag. S 368; Dig. 16, 3, 1, 6; 2 Coke, 73.

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• February 07, 2011Fiction

  45a.  Where truth is, fiction of law does not exist. Black’s 494; Bouv. 127.

  45d.  In the fiction of law there is always equity; a legal fiction is always consistent with equity.  11 Coke, 51a; Broom, Max. 127, 130.

  45f.  Fictions arise from  the law, and not law from fictions. Bouv. 136.

  45g.  Fiction of law is wrongful if it works loss or injury to any one. 2 Coke, 35; Broom, Max. 3d Lond. ed. 122.

  45h.  Fiction is a poor ground for changing substantial rights. C.L.M.

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• February 07, 2011Rules & Principles of Law

  95b.  Every general principle [or maxim of law] is its own pledge or warrant;  and things that are clearly true are not to be proved. Branch, Princ.; Co. Litt. 11.

  95c.  The exception to the rule should not destroy the rule. C.L.M. An exception proves the existence of a rule. Groves, 40 U.S. 449, 505.

  95h.  As to things not apparent, and those not existing, the rule is the same. 5 Coke, 6.

  95y.  Not only what is permitted, but what is convenient, is to be considered, because what is inconvenient is illegal. Co. Litt. 66a.

  95bb.  The law does not arise from the rule (or maxim), but the rule from the law.  Tray. Lat. Max. 384.

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• February 07, 2011Legal Rights

  77d.  Every one may renounce or relinquish a right introduced for his own benefit. 2 Inst. 183; Wing. Max. p. 483, max. 123; 4 Bl. Comm. 317; The People v. Van Rensselaer, 9 N.Y. 291, 333.

  77i.  He who has the legal right to do the greater or more important act shall not be debarred from the lesser act. 4 Coke, 23; Dig. 50, 17, 21; Broom, Max. 176; Co. Litt. 355b; 2 Inst. 307; Noy, Max.26.

  77l.  No one is bound to expose himself to misfortune and dangers. Co. Litt. 253.

  77r.  He who has the right to elect to do a thing has also the right to refuse it. C.L.M.

  77t.  A fact does not necessarily constitute a right. Branch, Max. 15.

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• February 07, 2011Good Faith

  50a.  Good faith does not suffer the same thing to be demanded twice; and in making satisfaction [for a debt or demand] it is not allowed to be done more than once.  9 Coke, 53; Dig. 50, 17, 57.

  50b.  By good faith a possessor makes the fruits consumed his own.  Tray. Max. 57.

  50c.  Good faith demands that what is agreed upon shall be done. Dig. 19, 20, 21; Id. 19, 1, 50; Id. 50, 8, 2, 13.

  50e.  Good faith does not allow us to demand twice the payment of the same thing. Dig. 50, 17, 57; Perline v. Dunn, 4 Johns Ch. (NY) 143.

  50f.  A possessor in good faith is only liable for that which he himself has obtained. 2 Inst. 285.

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• February 07, 2011Judicial Acts & Procedures

  65a.  It matters not what is known to the judge, if it is not known to him judicially.  3 Bulstr. 115; Best, Ev. Introd. 31, s. 38.

  65b.  The decree (or act) of a court shall prejudice no man. Jenk. Cent. 118; C.L.M.

  65e.  It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state that an end be put to litigation. 4 Coke, 15b; 5 Coke, 31a.

  65g.  A judicial writ fails not through defect of form. Jenk. Cent. 43.

  65h.  No court which has not a record can impose a fine, or commit any person to prison;  because those powers belong only to courts of record. 8 Coke, 60.

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• February 07, 2011Act, Acts, Action

  2a. The frequency of an act effects much. 4 Coke (Sir Edward Coke’s English King’s Bench Reports), 78; Wing. Max. 192 (Wingate’s Maxims of Law).

  2f. Things that are done simultaneously with an act are supposed to be inherent in it; to be a constituent part of it. Co. Litt. 236b (Coke on Littleton).

  2i. Where there is no act, there can be no force. 4 Coke, 43 (Sir Edward Coke’s English King’s Bench Reports)

  2s. To write is to act. 2 Rolle (Rolle’s English King’s Bench Reports), 89; 4 Bl. Comm. 80 (Sir William Blackstone’s Commentaries on the Law); Broom, Max. 312, 967 (Broom’s Legal Maxims).

  2y. No one can do that indirectly which cannot be done directly. C.L.M. (Common Law Maxims)

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• February 07, 2011Judgment & Decision

  64a.  A judgement given by one who is not the proper judge is of no force and should not harm any one. 10 Coke, 70, 766; Bouv. 133; Fleta, 1. 6, c. 6, s. 7; Broom, Max. 92.

  64f.  The judge in his decision ought to follow the rule, when the exception is not provided.  Black’s, 2d. 669; Bouv. 133.

  64h.  Nothing in law is more intolerable than that the same case or matter should be subject (in different courts) to different views of the law. 4 Coke, 93.

  64p.  The intention, count, foundation, and thing, brought to judgment, ought to be certain. Co.Litt. 303a; Jenk. Cent. 84.

  64bb.  He who determines any matter without hearing both sides, though he may have decided right, has not done justice. 6 Coke, 52a; 4 Bl. Comm. 283.

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• February 07, 2011Precedent

  88a.  It is not a new thing that prior statutes shall give place to later ones. Dig. 1. 3. 26; 1. 1. 4; Broom, Max. 3d. Lond. ed 27.

  88d.  A particular case, left unprovided for by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max. 46.

  88e.  Things introduced contrary to the reason of law ought not to be drawn into a precedent. 12 Coke, 75; Dig. 1, 3, 14; Dig. 50, 17.

  88i.  One absurdity being allowed (established as precedent), an infinity follow. 1 Coke, 102.

  88o.  It is perilous to introduce new and untried things (laws). Co. Littl. 379a.

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• February 07, 2011Annul, Abrogate, Revoke

  7a.  When the form is not observed, it is inferred that the act is annulled. 12 Coke, 7.

  7b.  It matters not whether a revocation be by words or by acts. Cro. Car. 49; Branch, Princ.

  7e.  Laws are abrogated or repealed by the same authority by which they are made. Broom, Max. 3d Lond. ed. 785.

  7h.  To derogate from a law is to take away part of it;  to abrogate a law is to abolish it entirely. Dig. 50, 17, 102; 1 Bouv. Inst. n. 91.

  7i.  All shall have liberty to renounce those things which have been established in their favor. Code. 2, 3, 29; Broom, Max. 625.

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