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NeCede's

Maxim 9.5.12

Judgments are as it were the dicta of the law, and are received as truth.

Judicia sunt tanquam juris dicta, et pro veritate accipiuntur.

Source: 2 Inst. 587; Jackson; Weisman, 64e Difficulty 2/5 — Approachable

Explanation

A final judgment of a court of competent jurisdiction is presumed to state the law correctly and is treated as conclusive truth until reversed on appeal or vacated for jurisdictional defect.

Where this applies

  • A prior court judgment is being treated as the final word on the matter.
  • The previous ruling is considered truth unless it's overturned on appeal.
  • A final judgment from a proper court is presumed correct and treated as conclusive.

Legal domains

Cite this maxim

NeCede Max. 9.5.12 — Judgments are as it were the dicta of the law, and are received as truth. — 2 Inst. 587; Jackson; Weisman, 64e (Judicia sunt tanquam juris dicta, et pro veritate accipiuntur.)

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