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NeCede's

Maxim 8.1.4

A judge must decide according to the facts alleged and proved.

Judex debet judicare secundum allegata et probata.

Source: Dyer 12; Halk. Max. 73; Broom, Max. 102 Difficulty 1/5 — Foundational

Explanation

A judge may not rely on private knowledge or personal investigation — he is bound to what the parties have placed before him through proper procedure.

Where this applies

  • The judge made a ruling based on something they read in the newspaper, not what was presented in court.
  • A judge used their personal knowledge of the parties instead of the evidence on record.

Legal domains

See also

Cite this maxim

NeCede Max. 8.1.4 — A judge must decide according to the facts alleged and proved. — Dyer 12; Halk. Max. 73; Broom, Max. 102 (Judex debet judicare secundum allegata et probata.)

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