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I. MAXIM’S OF LAW
Maxim’s of Interest that apply to Fathers Rights
An established principle or proposition. A principle of law universally admitted, as
being just and consonant With reason.
Maxims in law are somewhat like axioms in geometry. 1 Bl. Com. 68. They are
principles and authorities, and part of the general customs or common law of the
land; and are of the same strength as acts of parliament, when the judges have
determined what is a maxim; which belongs to the judges and not the jury. Terms do
Ley; Doct. & Stud. Dial. 1, c. 8. Maxims of the law are holden for law, and all other
cases that may be applied to them shall be taken for granted. 1 Inst. 11. 67; 4 Rep.
See 1 Com. c. 68; Plowd. 27,
The application of the maxim to the case before the court, is generally the only
difficulty. The true method of making the application is to ascertain bow the maxim
arose, and to consider whether the case to which it is applied is of the same
character, or whether it is an exception to an apparently general rule.
The alterations of any of the maxims of the common law are dangerous. 2 Inst. 210.
The following are some of the more important maxims.
Regula pro lege, si deficit lex. In default of the law, the maxim rules.
[FROM: Bouvier’s 1856 Law Dictionary]
A communi observantia non est recedendum. From common
observance there should be no departure; there must be no
departure from common usage. A maxim formerly applied to the
practice of the courts, to the ancient and established forms
of pleading and conveyancing, and to professional usage
generally. Lord Coke applies it to common professional
opinion. [Blacks Law, 6th Ed.]
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OWNERSHIP OF CHILDREN—Memorize!