SELECTED MAXIM’S OF LAW FOR FATHERS RIGHTS

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SELECTED MAXIM’S OF LAW FOR FATHERS RIGHTS

I. MAXIM’S OF LAW

Maxim’s of Interest that apply to Fathers Rights

II. MAXIMAC

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!

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