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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