Maxim 8.1.52
Concerning the fidelity and official conduct of a judge, no question is entertained; but his decisions may be impugned for error of law or fact.
Source: Bacon, Max. reg. 17; 1 N.Y. 45; Broom, Max. 85; Weisman, 63a
Explanation
(English-origin maxim.) A judge's personal integrity is presumed, but his legal conclusions are subject to review — challenge the ruling, not the judge.
Where this applies
- A losing party accuses the judge of bad faith instead of appealing the actual legal error.
- A ruling is challenged on appeal for misapplying the law, not for the judge's honesty.
Cite this maxim
NeCede Max. 8.1.52 — Concerning the fidelity and official conduct of a judge, no question is entertained; but his decisions may be impugned for error of law or fact. — Bacon, Max. reg. 17; 1 N.Y. 45; Broom, Max. 85; Weisman, 63a
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