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. The following are some of the more important maxims.
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