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NeCede's

Maxim 8.2.1

To questions of fact judges do not answer; to questions of law the jury does not answer.

Ad quaestionem facti non respondent judices; ad quaestionem juris non respondent juratores.

Source: Co. Litt. 295b; Broom, Max. 938; Wharton, Leg. Max. 265 Difficulty 1/5 — Foundational

Explanation

The division between judge and jury is fundamental — the jury finds what happened; the judge declares what the law requires. Neither may usurp the province of the other.

Where this applies

  • The judge told the jury what to decide instead of letting them find the facts.
  • The jury tried to interpret the law instead of sticking to the facts — that's the judge's job.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 8.2.1 — To questions of fact judges do not answer; to questions of law the jury does not answer. — Co. Litt. 295b; Broom, Max. 938; Wharton, Leg. Max. 265 (Ad quaestionem facti non respondent judices; ad quaestionem juris non respondent juratores.)

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