Apex Juris

(plur. Apices juris.) L. Lat. An extreme point or subtlety of law; a rule or doctrine of law, carried to an extreme either of rigor or refinement; an unnecessarily rigid adherence to the letter; the strictum or summum jus.

Lee, C. J., 1 Burr. 341, 349. Kent, C. J., 2 Caines* E. 117. Story, J., 2 Story's E. 143.

Apices litigandi; subtleties of litigation; sharp technical points, or captious objections in pleading or practice. '* It is unconscionable m a defendant, to take advantage of the apices litigandi, to turn a plaintiff round, and make him pay costs where his demand is just."

Lord Mansfield, C. J., 8 Burr. 1243.

AFicw Jaria mob saat j«*ft I Jan.] Extremities, or mere niceties of law are not rules of law, [are not law.] Co. Litt. 304 b.

10 Co. 126. Wingates Max. 19, max. 14. Broom's Max. 88.

This maxim, however, is not understood as prohibiting the allowance of all technical objections. Id. ibid. The common translation of this maxim, — " points of law are not laws" — is very fat from expressing its proper meaning; the figurative term apex bemg obviously intended to convey the ideas of extremity, sharpness and fineness, drawn from natural objects, which are by no means implied by the word point, according to its usual legal acceptation. A point of law (that is, a position, proposition or doctrine contended for, or actually established,) may be an apex juris, but is far from being necessarily or generally so. The great body of the law is in fact made up of points, but is marked by only a few apices, which stand upon its outer verge, and are only rarely resorted to.