Maxim 8.1.11
A judge who exceeds his office is not to be obeyed.
Judex qui excedit officium suum non obeditur.
Source: Jenk. Cent. 139, case 84; Weisman, 63z
Difficulty 1/5 — Foundational
Explanation
Obedience to judicial authority depends on the judge acting within the bounds of his lawful commission — beyond those bounds, his commands carry no force of law.
Where this applies
- A judge ordered me to do something that's outside the scope of their authority.
- The court issued a ruling on a matter they have no jurisdiction over — do I have to comply?
Legal domains
See also
Cite this maxim
NeCede Max. 8.1.11 — A judge who exceeds his office is not to be obeyed. — Jenk. Cent. 139, case 84; Weisman, 63z (Judex qui excedit officium suum non obeditur.)
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