Maxim 8.1.25
Of the good faith and intention of a judge a question cannot be entertained; but it is otherwise as to his knowledge, whether the error be one of law or fact.
De fide et officio judicis non recipitur quaestio; sed de scientia, sive error sit juris sive facti.
Source: Bac. Max. Reg. 17; Jackson
Difficulty 2/5 — Approachable
Explanation
A judge's motives and good faith are not open to question, but his knowledge of law and fact may be challenged on appeal — the law presumes integrity but not infallibility.
Where this applies
- I'm challenging the judge's understanding of the law, not questioning their honesty.
- We can appeal a judge's legal error without accusing them of bad faith.
Legal domains
Cite this maxim
NeCede Max. 8.1.25 — Of the good faith and intention of a judge a question cannot be entertained; but it is otherwise as to his knowledge, whether the error be one of law or fact. — Bac. Max. Reg. 17; Jackson (De fide et officio judicis non recipitur quaestio; sed de scientia, sive error sit juris sive facti.)
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