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LEGAL MAXIMS
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[ Also see Law ]

That law is best which leaves least discretion of the judge; that judge is the best who leaves least to his own.
      - Legal Maxim, Bacon's Aphorisms (46)

That law is the best which leaves the least discretion to the judge; and this is an advantage which results from certainty.
      - Legal Maxim, Bacon's Aphorisms (8)

A court has nothing to do with what is not before it.
      - Legal Maxim, Bacon's Maxims

Necessity excuses or extenuates a delinquency in capital cases, which has not the same operation in civil cases.
      - Legal Maxim, Bacon's Maxims

That which is first in intention is last in operation.
      - Legal Maxim, Bacon's Maxims

That which is otherwise not permitted, necessity permits; and necessity makes a privilege as to private rights.
      - Legal Maxim, Bacon's Maxims

The consequence of a consequence exists not.
      - Legal Maxim, Bacon's Maxims

True identity is collected from a multitude of signs.
      - Legal Maxim, Bacon's Maxims

Words are to be received with effect, so that they may product effect.
      - Legal Maxim, Bacon's Maxims

From a great number of signs or marks, true identity is gathered or made up.
      - Legal Maxim, Bacon's Maxims (103, reg. 25)

Words are to be taken most strongly against him who uses them.
      - Legal Maxim, Bacon's Maxims (11, reg. 3)

The law will not intend a wrong.
      - Legal Maxim, Bacon's Maxims (17, reg. 3)

The words are to be so understood, that the subject-matter may rather be of force than perish.
      - Legal Maxim, Bacon's Maxims (17, reg. 3)

That is guessing, not interpretation, which altogether departs from the letter.
      - Legal Maxim, Bacon's Maxims (18, reg. 3)

An interlocutory judgment may be recalled, but not a final.
      - Legal Maxim, Bacon's Maxims (20)

Necessity gives a privilege with reference to private rights.
      - Legal Maxim, Bacon's Maxims (25),
        also Noy's Maxims (max. 32)

Words ought to be used so as go give them their effect.
      - Legal Maxim, Bacon's Maxims (3)

"Heir" is a name of term of law; "son" is a name of nature.
      - Legal Maxim, Bacon's Maxims
         (52, in reg. 11)

Positive rules of law will be receded from rather than that crimes and wrongs should remain unpunished.
      - Legal Maxim, Bacon's Maxims (55, reg. 12)

A personal connection is equivalent to one's own interest.
      - Legal Maxim, Bacon's Maxims (72, reg.)

A clause in a law which precludes its abrogation is void from the beginning.
      - Legal Maxim, Bacon's Maxims (77)

A useless clause or disposition is not supported by a remote presumption, or by a cause arising afterwards.
      - Legal Maxim, Bacon's Maxims (82, reg. 21)

In things favored, what profits is more regarded than what prejudices.
      - Legal Maxim, Bacon's Maxims
         (p. 57, reg. 12)

In criminal matters or cases, a general malice of intention is sufficient, if united with an act of equal or corresponding degree.
      - Legal Maxim, Bacon's Maxims
         (p. 65, reg. 15),
        also Broom's Legal Maxims (max. 323)

It is a perpetual law that no human and positive law can be perpetual and a clause which precludes the power of abrogation is void ab initio.
      - Legal Maxim, Bacon's Maxims
         (p. 77, reg. 19)


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Last Revised: 2008 June 30
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