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NeCede's

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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