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NeCede's

Maxim 8.1.41

An act of a judge which does not relate to his office is of no force.

Factum a judice quod ad ejus officium non spectat, non ratum est.

Source: Bouvier's Law Dictionary; 10 Co. 76; Weisman, 65c Difficulty 2/5 — Approachable

Explanation

A judge acts with authority only within the scope of his judicial office; anything done outside that scope is void and without legal effect. (Duplicate maxim — see also 11.1.6.)

Where this applies

  • A judge issued an order about something completely outside their jurisdiction.
  • A magistrate took action on a matter that has nothing to do with their office.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.1.41 — An act of a judge which does not relate to his office is of no force. — Bouvier's Law Dictionary; 10 Co. 76; Weisman, 65c (Factum a judice quod ad ejus officium non spectat, non ratum est.)

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