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Quick Review of the Max­ims

young boy asking a question

It has occurred to me that not all are acquainted with the max­ims of law or they are not using them on a day to day basis. I also am of the opin­ion that this is not only a prob­lem for the pub­lic but is also a prob­lem for those who know the law. I believe that this is the rea­son that civic class was removed from all pub­lic school. Because if you do not know the law you can not know your rights and if you do not know your rights you do not have any. For exam­ple, how can one defend a right that he does not know he has? It can not be done.

A QUICK STUDY OF COM­MER­CIAL LAW

Com­mer­cial Max­ims (Basic Rules)

  1. A work­man is wor­thy of his hire.
    Legal maxim: It is against equity for freemen not to have the free dis­posal of their own property.
  2. All are equal under the Law.
    Legal maxim: No one is above the law.
  3. In Com­merce truth is sov­er­eign.
    Legal maxim: to lie is to go against the mind.
  4. Truth is expressed by means of an affi­davit.
    Legal maxim: (none) in order for an issue to be known (in court) it must be writ­ten (affidavit)
  5. An unre­butted affi­davit stands as the truth in Com­merce.
    Legal maxim: He who does not deny, admits.
  6. An unre­butted affi­davit becomes the judg­ment in Com­merce.
    Legal maxim: (none … con­cept of the duel with­out weapons) see image below
  7. A mat­ter must be expressed to be resolved.
    Legal maxim: He who fails to assert his rights has none.
  8. He who leaves the field of bat­tle first loses by default.
    Legal maxim: He who does not repel a wrong when he can, occa­sions it. (seeks being wronged)
  9. Sac­ri­fice is the mea­sure of cred­i­bil­ity.
    Legal maxim: He who bears the bur­den ought also to derive the benefit.
  10. A lien or claim can be sat­is­fied only through rebut­tal by Counter affi­davit point-​for-​point, res­o­lu­tion by jury, or pay­ment
    Legal maxim: If the plain­tiff does not prove his case, the defen­dant is absolved.

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