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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