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NeCede's

Maxim 11.1.6

An act of a judge which does not pertain to his office is of no force.

Factum a judice quod ad ejus officium non spectat, non ratum est.

Source: 10 Co. 76; Dig. 50, 17, 170 Difficulty 1/5 — Foundational

Explanation

A judicial act performed beyond the judge's jurisdiction is a nullity — it binds no one and conveys no authority. (Duplicate maxim — see also 8.1.41.)

Where this applies

  • A judge issued an order outside their jurisdiction and it should be void.
  • The judge had no authority to make this ruling and it shouldn't bind anyone.
  • An act by a judge that's beyond the scope of their office has no legal force.

Legal domains

constitutionalprocedural

See also

Cite this maxim

NeCede Max. 11.1.6 — An act of a judge which does not pertain to his office is of no force. — 10 Co. 76; Dig. 50, 17, 170 (Factum a judice quod ad ejus officium non spectat, non ratum est.)

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