We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Nil Agit Exemplum, Litem Quod Lite Resolvit in Law
Definition & Meaning
The phrase "nil agit exemplum, litem quod lite resolvit" translates to "a precedent does nothing if it resolves one dispute by creating another." This legal maxim highlights the ineffectiveness of a legal precedent that merely shifts the focus of a controversy rather than providing a clear resolution. In essence, it underscores the importance of achieving genuine resolution in legal matters, rather than complicating issues further.
Table of content
Legal Use & context
This maxim is primarily used in civil law contexts, particularly in cases involving dispute resolution and precedent-setting. It serves as a reminder for judges and legal practitioners to consider the broader implications of their rulings. The principle is relevant in various legal areas, including contract disputes, tort cases, and administrative law. Users may find it beneficial to utilize legal templates available through US Legal Forms to navigate disputes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
In a hypothetical case, a court ruling that resolves a contract dispute between two parties but inadvertently creates a new dispute regarding the interpretation of the ruling itself illustrates this maxim. If the initial resolution leads to further litigation, it exemplifies the principle of nil agit exemplum, litem quod lite resolvit.
Comparison with related terms
Term
Definition
Difference
Precedent
A prior case that serves as an example for future cases.
Nil agit exemplum emphasizes the need for effective resolution, while precedent is a broader term.
Res Judicata
A doctrine that prevents re-litigation of the same issue.
Res judicata focuses on finality, whereas nil agit exemplum addresses the quality of resolution.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a legal dispute that may involve this principle, consider documenting all aspects of the controversy thoroughly. Utilizing legal forms from US Legal Forms can help you manage the situation effectively. If the matter becomes complex, seeking professional legal assistance is advisable to ensure a proper resolution.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.