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communis error facit jus

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 59 U.S. 595 - William Pease v. John Peck Surviving Partner of the Firm of Peck and Walton · 1855Most cited · 89 citing opinions

The maxim communis error facit jus, though said to be dangerous in its application, 'because it sets up a misconception of the law, for destruction of the law,' might here find a safe and proper application, and make it one of the 'some cases' in which it is said the law so favors the public good, that it will permit a common error to pass for right.

How often courts cite the case defining “communis error facit jus”

1850190019502000202017

Court decisions citing the opinion that defined “communis error facit jus” — 89 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.