Maxim 5.7.19
He who does anything by command of a judge will not be supposed to have acted from an improper motive, because it was necessary to obey.
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse quia parere necesse est.
Source: 10 Co. 76; Jackson
Difficulty 2/5 — Approachable
Explanation
Obedience to a judicial command excuses the actor from imputation of wrongful intent — the necessity of compliance negates the presumption of malice.
Where this applies
- An officer carried out a court order that later turned out to be wrong — is the officer at fault?
- I followed a judge's instructions exactly — can I be blamed for the result?
Legal domains
Cite this maxim
NeCede Max. 5.7.19 — He who does anything by command of a judge will not be supposed to have acted from an improper motive, because it was necessary to obey. — 10 Co. 76; Jackson (Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse quia parere necesse est.)
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