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NeCede's

Maxim 8.2.3

Jurors are the judges of fact.

Juratores sunt judices facti.

Source: State of Georgia v. Brailsford, 3 Dall. 1, 4 (1794); Co. Litt. 155b; Weisman, 67b Difficulty 1/5 — Foundational

Explanation

No judge, however learned, may substitute his opinion of the facts for that of the jury — the jury is the sole and sovereign tribunal on all questions of fact.

Where this applies

  • The judge disagrees with the jury's factual finding — can the judge override them?
  • The jury found the defendant not guilty but the judge thinks they're wrong.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 8.2.3 — Jurors are the judges of fact. — State of Georgia v. Brailsford, 3 Dall. 1, 4 (1794); Co. Litt. 155b; Weisman, 67b (Juratores sunt judices facti.)

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