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NeCede's

Maxim 8.5.18

The court has nothing to do with what is not before it.

Nihil habet forum ex scena.

Source: Bacon, Max.; Bouv. 141; Weisman, 65f Difficulty 3/5 — Intermediate

Explanation

A court confines itself to the matter properly before it and will not decide issues that have not been raised or presented by the parties.

Where this applies

  • A judge refuses to rule on a zoning dispute that neither party raised in their pleadings, because the court deals only with what is properly before it.
  • During a breach-of-contract trial, the judge declines to address a separate personal-injury claim that was never filed, because it is not part of the case.
  • An appellate court refuses to consider an argument the losing party never raised at trial, because the issue was not before the lower court.

Legal domains

Cite this maxim

NeCede Max. 8.5.18 — The court has nothing to do with what is not before it. — Bacon, Max.; Bouv. 141; Weisman, 65f (Nihil habet forum ex scena.)

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