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NeCede's

Maxim 8.1.8

It is the duty of a good judge to extend justice.

Boni judicis est ampliare justitiam.

Source: Chan. Prac. 329; 1 Burr. 304; Broom, Max. 79; Weisman, 63k; Weisman, 66b; Weisman, 68p Difficulty 2/5 — Approachable

Explanation

Where justice requires it, a judge should apply his remedial authority liberally — not to usurp jurisdiction, but to ensure that no wrong goes unremedied for want of procedure.

Where this applies

  • My case doesn't fit neatly into any existing category but I clearly deserve a remedy.
  • The court should use its authority creatively to ensure justice is done.

Legal domains

See also

Cite this maxim

NeCede Max. 8.1.8 — It is the duty of a good judge to extend justice. — Chan. Prac. 329; 1 Burr. 304; Broom, Max. 79; Weisman, 63k; Weisman, 66b; Weisman, 68p (Boni judicis est ampliare justitiam.)

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