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NeCede's

Maxim 8.4.7

He who has jurisdiction to acquit has jurisdiction to bind.

Qui habet jurisdictionem absolvendi habet jurisdictionem ligandi.

Source: 12 Co. 59; Weisman, 66i Difficulty 2/5 — Approachable

Explanation

The power to release necessarily implies the power to restrain — jurisdiction cannot be exercised in only one direction.

Where this applies

  • If a court can acquit someone, it must also have the power to convict.
  • The power to release implies the power to detain — jurisdiction works both ways.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.4.7 — He who has jurisdiction to acquit has jurisdiction to bind. — 12 Co. 59; Weisman, 66i (Qui habet jurisdictionem absolvendi habet jurisdictionem ligandi.)

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