Maxim 8.1.51
Things which are done in the king’s court are presumed to be rightly done.
Quae in curia regis acta sunt rite agi praesumuntur.
Source: 3 Bulst. 43; Jackson
Difficulty 3/5 — Intermediate
Explanation
Official acts of a court of record carry a presumption of regularity — the party challenging them bears the burden of showing error.
Where this applies
- A losing party claims the trial court made procedural errors, but the appellate court presumes the trial was conducted properly and requires proof of the alleged mistakes.
- A defendant argues that the jury was improperly instructed, but the court of appeals presumes the trial court's instructions were correct unless the record shows otherwise.
- A party challenging a judgment must point to specific errors in the record, because everything done in the court of record is presumed to have been done correctly.
Legal domains
Cite this maxim
NeCede Max. 8.1.51 — Things which are done in the king’s court are presumed to be rightly done. — 3 Bulst. 43; Jackson (Quae in curia regis acta sunt rite agi praesumuntur.)
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