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NeCede's

Maxim 8.8.35

It is improper to give judgment or pass sentence without looking at the whole case.

Source: Dig. 1, 3, 24; Hob. 171a; 8 Coke, 117b; Weisman, 64dd Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A judge must examine the entirety of the evidence and law before rendering judgment — deciding on a partial view of the case is unjust.

Where this applies

  • A judge sentences a defendant after hearing only the prosecution's side and ignoring the defense's evidence — the appellate court reverses because the whole case was not considered.
  • A court enters a judgment based on one disputed contract clause without examining the rest of the agreement, and the ruling is overturned for incomplete review.
  • A jury renders a verdict after the judge excluded key defense evidence — the conviction is reversed because it is improper to judge without looking at the entire case.

Legal domains

Cite this maxim

NeCede Max. 8.8.35 — It is improper to give judgment or pass sentence without looking at the whole case. — Dig. 1, 3, 24; Hob. 171a; 8 Coke, 117b; Weisman, 64dd

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