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NeCede's

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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