maxim

A precise expression developed over the years in elucidating a principle of law by reasoning. A time-tried rule of thumb, not a law in itself. Ackroyd v Winston Bros. Co. (CA9 Mont) 113 F2d 657. Maxim of equity:–a rule or principle formulated by equity courts for the government and regulation of judicial action. 27 Am J2d Eq § 119. Divisible, with respect to the mode of their operation, into four groups, as follows: (1) maxims governing the action of the chancellor or court; (2) maxims connoting the right or standing of the party to claim a remedy or relief; (3) maxims describing the relative standing of litigants where the question is whether one party or another has the prior or superior right or "equity"; and (4) maxims prescribing the mode of disposition of the case where the "equities" of the parties are shown to be of equal dignity. 27 Am J2d Eq § 119. Maxime ita dicta quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur. A maxim is so called because its dignity is greatest and its authority is the most certain, and because it is approved most by all. Maxime paci sunt contraria, vis et injuria. Those elements which are most opposed to peace are violence and wrong.