Maxim 8.5.44
The decree ( or act) of a court shall prejudice no man.
Actus curiae neminem gravabit.
Source: Jenk. Cent. 118; Weisman, 65b
Difficulty 2/5 — Approachable
Explanation
When a court's own act — such as delay, clerical error, or procedural oversight — causes harm to a party, the court must ensure that party is not prejudiced by the court's mistake.
Where this applies
- A court loses a party's filing and then enters a default judgment against that party — the court must vacate the judgment because its own mistake cannot harm the litigant.
- A judge accidentally schedules two trials at the same time and one party cannot attend — the court cannot hold that party in default for the court's own scheduling error.
- A clerk's office miscalculates a filing deadline, and the court extends the deadline because the court's own act must not prejudice the affected party.
Legal domains
Cite this maxim
NeCede Max. 8.5.44 — The decree ( or act) of a court shall prejudice no man. — Jenk. Cent. 118; Weisman, 65b (Actus curiae neminem gravabit.)
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