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Understanding Generalia Specialibus Non Derogant: A Key Legal Principle
Definition & meaning
The phrase "generalia specialibus non derogant" is a Latin legal maxim that translates to "general things do not detract from specific things." This principle asserts that when a specific law or provision applies to a situation, it takes precedence over more general laws. In other words, specific laws should be followed instead of general ones when both could apply to the same issue. This concept is foundational in statutory interpretation, guiding how laws are applied in various legal contexts.
Table of content
Legal use & context
This principle is commonly used in various areas of law, including civil, criminal, and administrative law. It helps courts and legal practitioners determine which laws to apply when there are conflicting provisions. For instance, in contract law, if a specific contract clause addresses a particular issue, that clause will govern the situation over any general contract principles. Users can manage related legal matters using templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For example, in family law, a specific statute may outline the procedure for child custody arrangements. If a general law regarding family disputes exists, the specific custody statute will apply, ensuring that the best interests of the child are prioritized.
(Hypothetical example) In a contract dispute, if a specific clause states that damages are limited to a certain amount, that clause will govern the situation, even if general contract law suggests different remedies.
State-by-state differences
Examples of state differences (not exhaustive):
State
Specific Application
California
Specific laws regarding property division in divorce take precedence over general family law.
New York
Specific statutes on child support override general family law principles.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
General law
Laws that apply broadly to a wide range of situations.
General law is overridden by specific law in applicable situations.
Specific law
Laws that apply to particular circumstances or groups.
Specific law takes precedence over general law when both apply.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where both general and specific laws may apply, consider the specific law as the governing rule. For assistance, you can explore US Legal Forms' templates to help you navigate your legal issue effectively. If the matter is complex, seeking professional legal advice may be necessary.
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