Maxims: Court and Pleas

In the realm of law, there are certain maxims that guide the proceedings in court and the pleas made by individuals. These maxims hold significant importance and shape the course of justice. Let’s explore some of these maxims:

  1. There can be no plea of that thing of which the dissolution is sought: This maxim implies that if someone seeks to dissolve or invalidate something, there can be no plea made in its defense.
  2. A false plea is the basest of all things: This maxim emphasizes the seriousness of making false pleas. It is considered the most dishonorable act in legal proceedings.
  3. There can be no plea against an action which entirely destroys the plea: If an action completely nullifies a plea, there can be no valid counter-plea made against it.
  4. He who does not deny, admits: This well-known rule of pleading states that if someone fails to deny an accusation, it is taken as an admission of guilt.
  5. No one is believed in court but upon his oath: In a court of law, the testimony of an individual is only considered credible if it is given under oath.
  6. An infamous person is repelled or prevented from taking an oath: If someone is deemed to be of bad character or reputation, they may be prevented from taking an oath in court.
  7. In law, none is credited unless he is sworn: Similar to the previous maxim, this highlights the importance of taking an oath for one’s testimony to be considered trustworthy.
  8. All the facts must, when established by witnesses, be under oath or affirmation: This maxim states that any facts presented in court must be supported by witness testimony given under oath or affirmation.
  9. An act of the court shall oppress no one: The court’s actions should not cause oppression or harm to any individual involved in the legal proceedings.
  10. The practice of a court is the law of the court: The established practices and procedures followed by a court hold the same weight as the law itself.
  11. There ought to be an end of lawsuits: It is in the interest of justice and the common good to bring a resolution to legal disputes and avoid prolonged litigation.
  12. It concerns the commonwealth that there be an end of lawsuits: The welfare of the community is affected by the prolonged existence of lawsuits, making it crucial to bring them to a conclusion.
  13. It is for the public good that there be an end of litigation: Continuing litigation indefinitely is not beneficial for the public, and therefore, it is desirable to reach a resolution.
  14. A personal action dies with the person: This maxim specifies that a personal legal claim ceases to exist upon the death of the individual involved.
  15. This must be understood of an action for a tort only: The previous maxim applies specifically to actions related to civil wrongs or torts.
  16. Equity acts upon the person: In equitable matters, the court considers the individual’s character and personal circumstances when making decisions.
  17. No one can sue in the name of another: It is not permissible for someone to initiate a lawsuit on behalf of another person without proper legal authority.

These maxims serve as guiding principles in the realm of law and help ensure fair and just proceedings in courts. Understanding and adhering to these maxims is essential for all those involved in legal matters.