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Understanding Melius Est Petere Fontes Quam Sectari Rivulos in Law
Definition & Meaning
The phrase "melius est petere fontes quam sectari rivulos" translates to "it is better to go to the fountainhead than to follow streamlets." This maxim emphasizes the importance of seeking original sources of information rather than relying on secondary interpretations or summaries. In legal contexts, this principle is particularly relevant when dealing with quotations, extracts, and conclusions drawn from prior cases and authoritative texts.
Table of content
Legal Use & context
This maxim is commonly applied in legal practice, particularly in areas such as civil law, family law, and criminal law. It serves as a reminder for legal professionals to reference original legal texts, statutes, and case law when forming arguments or drawing conclusions. By doing so, they ensure accuracy and uphold the integrity of legal reasoning. Users can utilize legal templates provided by US Legal Forms to draft documents that are informed by authoritative sources.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, a lawyer preparing for a case may refer directly to the original statute rather than relying solely on a commentary or a summary provided by another legal expert. This ensures that their understanding and application of the law are based on the most accurate and relevant information available.
(hypothetical example) A family law attorney might cite the original court ruling in a custody case to support their argument rather than depending on a paraphrased version found in a legal textbook.
Comparison with related terms
Term
Definition
Key Differences
Precedent
A legal decision that serves as an example in subsequent similar cases.
Precedents are specific rulings, while the maxim emphasizes the importance of original sources.
Authority
A source of law or legal principle that is recognized as valid.
Authority can include both primary and secondary sources, whereas the maxim focuses on primary sources.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to support a legal argument, prioritize accessing original legal texts and authoritative sources. Consider using US Legal Forms for templates that guide you in drafting legal documents based on these principles. If your situation is complex, seeking professional legal assistance may be beneficial.
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