Legal Definitions - lex majoris partis

Lex majoris partis is a Latin legal principle that translates to "the law of the greater part." It refers to the fundamental concept of majority rule, meaning that in a group or assembly, the decision supported by the greater number of individuals or votes is the one that prevails.

This principle is a cornerstone of democratic processes and is applied in various contexts where collective decisions need to be made, unless specific rules or laws dictate otherwise (e.g., requiring a supermajority for certain actions).

Here are some examples illustrating the application of lex majoris partis:

• Corporate Board Decision: A corporation's board of directors, consisting of seven members, is voting on whether to acquire a smaller competitor. Four board members vote in favor of the acquisition, while three vote against it.

  Under the principle of lex majoris partis, the decision to proceed with the acquisition would pass because a majority (four out of seven) supported it. The will of the greater number of voters on the board determines the outcome.

• Homeowners' Association Rule Change: A homeowners' association (HOA) holds its annual meeting to consider a proposal to restrict the type of fencing allowed in the community. Out of 150 eligible homeowners, 80 cast their vote in favor of the new fencing rule, while 70 vote against it.

  Here, lex majoris partis dictates that the new fencing rule would be approved. The majority of the votes cast (80%) supported the change, and their collective decision becomes the association's new policy.

• University Student Government Election: Students at a university are voting for their next student body president. Candidate A receives 5,500 votes, Candidate B receives 4,000 votes, and Candidate C receives 1,500 votes.

  In this election, lex majoris partis means that Candidate A wins the presidency. Even though Candidate A did not receive every vote, they secured the greatest number of votes (a simple majority relative to the other candidates), and therefore their candidacy prevails.