Maxim 8.4.1
A judicial act performed before one who is not the proper judge is void; but a ministerial act, from whomsoever it proceeds, may be ratified.
Actus judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto.
Source: Lofft 458; Broom, Max. 92
Difficulty 1/5 — Foundational
Explanation
The distinction between judicial and ministerial acts is critical — only ministerial defects may be cured after the fact; a void judgment for want of jurisdiction cannot be made valid by ratification.
Where this applies
- A court with no jurisdiction over my case issued a judgment against me.
- An unauthorized tribunal heard my case — is the ruling valid?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 8.4.1 — A judicial act performed before one who is not the proper judge is void; but a ministerial act, from whomsoever it proceeds, may be ratified. — Lofft 458; Broom, Max. 92 (Actus judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto.)
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