palani
18th November 2015, 07:11 AM
... an established principle or proposition
MAXIM. An established principle or proposition. A principle of
law universally admitted, as being just and consonant With
reason.
2. 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, b.
3. 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.
4. The alterations of any of the maxims of the common law are
dangerous. 2 Inst. 210.
With that in mind ... whatcha gunna do when you find a woman judicial actor sitting 4 feet above the floor? You are in a court of Law (just ask them ... they will generally tell you this). Here you have an established principle of Law:
Faemina ab omnibus officiis civilibus vel publicis remotae sunt. Women are excluded from all civil and public charges or offices.
MAXIM. An established principle or proposition. A principle of
law universally admitted, as being just and consonant With
reason.
2. 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, b.
3. 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.
4. The alterations of any of the maxims of the common law are
dangerous. 2 Inst. 210.
With that in mind ... whatcha gunna do when you find a woman judicial actor sitting 4 feet above the floor? You are in a court of Law (just ask them ... they will generally tell you this). Here you have an established principle of Law:
Faemina ab omnibus officiis civilibus vel publicis remotae sunt. Women are excluded from all civil and public charges or offices.