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NeCede's

Maxim 8.8.6

He who determines any matter without hearing both sides, though he may have decided rightly, has not done justice.

Qui aliquid statuerit, parte inaudita altera, aequum licet dixerit, haud aequum fecerit.

Source: 6 Co. 52a; 4 Bl. Comm. 283; Seneca, Medea 199; Weisman, 64bb Difficulty 2/5 — Approachable

Explanation

The rightness of the result does not cure a defective process — justice requires that both sides be heard, regardless of whether the outcome would have been the same.

Where this applies

  • The judge decided the case without hearing from the defendant at all.
  • Even if the ruling was correct, it was made without letting both sides present their case.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 8.8.6 — He who determines any matter without hearing both sides, though he may have decided rightly, has not done justice. — 6 Co. 52a; 4 Bl. Comm. 283; Seneca, Medea 199; Weisman, 64bb (Qui aliquid statuerit, parte inaudita altera, aequum licet dixerit, haud aequum fecerit.)

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