Maxim 8.1.47
If you judge, understand.
Source: Bouv. 157; Weisman, 63h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A judge must fully comprehend the matter before rendering judgment — understanding the facts and the law is the prerequisite of just decision.
Where this applies
- A judge rules on a complex patent case without reading any of the technical evidence, and the appellate court reverses because the judge did not understand the matter before deciding it.
- A family court judge awards custody without learning anything about either parent's living situation, and the ruling is overturned for lack of understanding.
- A magistrate sentences a defendant for violating a statute she has not actually read, and the conviction is reversed because she judged without comprehension.
Legal domains
Cite this maxim
NeCede Max. 8.1.47 — If you judge, understand. — Bouv. 157; Weisman, 63h
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