Maxim 8.1.48
Whatever is subject to the authority of a judge is not subject to innovation.
Source: 4 Inst. 66; Weisman, 63m
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A matter already under judicial authority cannot be altered or changed by outside interference — what is before the judge is under his exclusive control until disposed of.
Where this applies
- While a case is pending before a judge, a city council passes an ordinance trying to change the outcome — the court strikes it down because a matter under judicial authority cannot be altered by outside innovation.
- A government agency issues a new regulation attempting to moot a lawsuit already before a judge, and the court holds that the pending case is not subject to administrative interference.
- A legislative body tries to retroactively change the rules governing a contract that is currently being litigated, and the court refuses to apply the new law to the pending case.
Legal domains
Cite this maxim
NeCede Max. 8.1.48 — Whatever is subject to the authority of a judge is not subject to innovation. — 4 Inst. 66; Weisman, 63m
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