The phrase judicandum est legibus, non exemplis translates to "judgment should be based on laws, not examples." This legal maxim emphasizes that decisions in court should rely on established laws rather than previous cases or precedents. It suggests that while precedents can provide guidance, they do not always reflect the current state of the law.
This maxim is often invoked in various areas of law, including civil, criminal, and administrative law. It serves as a reminder to judges and legal practitioners that the law is the primary source for making judgments. Users may encounter this principle when dealing with legal forms or procedures, particularly in cases where precedent may be misleading or outdated. Legal templates from US Legal Forms can help individuals navigate these situations effectively.
Here are a couple of examples of abatement:
For instance, in a criminal case, a judge may refer to a specific statute that defines a crime rather than relying solely on past rulings that may interpret the law differently. (Hypothetical example: If a law states that theft is defined by taking property with intent to permanently deprive the owner, a judge would focus on this law rather than a previous case where the definition was debated.)
Examples of state differences (not exhaustive):
| State | Application of the Maxim |
|---|---|
| California | Judges are encouraged to follow statutory law strictly, with limited reliance on precedent. |
| New York | Precedents play a significant role, but the law remains paramount in judgments. |
| Texas | Judicial decisions must align with statutory law, emphasizing the importance of legislative intent. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Precedent | A previous case or legal decision that may influence future cases. | Judicandum est legibus emphasizes laws over precedents. |
| Statutory Law | Laws enacted by a legislative body. | This maxim prioritizes statutory law as the basis for judgment. |
If you find yourself in a legal situation where this maxim is relevant, consider the following steps:
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It means judgments should be based on laws rather than precedents.