Judges

Actus judiciarius coram non judice irritus habetur; de ministeriali autem a quocunque provenit ratum esto. A judicial act before one not a judge (or without jurisdiction) is void; as to a ministerial act, from whomsoever it proceeds, let it be valid.
Ad quaestiones facti non respondent judices; ad quaestiones legis non respondent juratores. Judges do not answer questions of fact; jurors do not answer questions of law.
Ad quaestiones legis judices, et non juratores, respondent. Judges, and not jurors, answer questions of law.
Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars. A person ought not to be judge in his own cause, because he cannot act both as judge and party.
Annua nec debitum judex non separat ipse. Even the judge apportions neither annuities nor debt.
Aucupia verborum sunt judice indigna. Quibbling over words is unworthy of a judge.
Boni judicis est ampliare jurisdictionem (or justitiam). It is the role of a good judge to enlarge (or use liberally) his jurisdiction (or remedial authority).
Boni judicis est ampliare justitiam. It is the role of a good judge to enlarge or extend justice.
Boni judicis est causas litium dirimere. It is the role of a good judge to remove causes of litigation.
Boni judicis est judicium sine dilatione mandare executioni. It is the role of a good judge to render judgment for execution without delay.
Boni judicis est lites dirimere, ne lis ex lite oriatur. It is the role of a good judge to dispose of lawsuits so that one suit should not grow from another. 5 Coke 31a.
Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert. A good judge decides according to fairness and the good and prefers equity to strict law.
Circuitus est evitandus; et boni judicis est lites dirimere, ne lis ex lite oriatur. Circuity is to be avoided; and it is the role of a good judge to determine (or dispose of) litigations so that one lawsuit may not arise from another.
Contemporanea expositio est optima et fortissima in lege. A contemporaneous exposition is the best and most powerful in the law. • A statute is best explained by following the construction put on it by judges who lived at the time it was made, or soon after.
De fide et officio judicis non recipitur quaestio, sed de scientia sive sit error juris sive facti. The good faith and honesty of purpose of a judge cannot be questioned, but his knowledge may be impugned if there is an error either of law or of fact.
De jure judices, de facto juratores, respondent. The judges answer regarding the law, the jury on the facts.
Discretio judicis est per leges discernere. The discretion of a judge is to make distinctions according to the laws.
Eadem causa diversis rationibus coram judicibus ecclesiasticis et secularibus ventilatur. The same cause is argued on different principles before ecclesiastical and secular judges.
Est boni judicis ampliare jurisdictionem. It is the role of a good judge to extend the jurisdiction.
Et sicut ad quaestionem juris non respondent juratores, sed judices; sic ad quaestionem facti non respondent judices, sed juratores. Just as a question of law is not answered by the jurors but the judges, so too a question of fact is not answered by judges but jurors.
Factum a judice quod ad ejus officium non spectat, non ratum est. A judge’s act that does not pertain to his office is of no force.
Ignorantia judicis est calamitas innocentis. The ignorance of the judge is the misfortune of the innocent.
Iniquum est aliquem rei sui esse judicem. It is unjust for anyone to be judge in his own cause.
Injuria illata judici, seu locum tenenti regis, videtur ipsi regi illata, maxime si fiat in exercente officium. An injury offered to a judge, or person representing the king, is considered as offered to the king himself, especially if it is done in the exercise of his office.
In propria causa nemo judex. No one can be judge in his own cause.
In re propria iniquum admodum est alicui licentiam tribuere sententiae. It is extremely unjust to assign anyone the privilege of judgment in his own cause.
Iudex decidere debet. The judge should decide.
Iura novit curia. The court knows the laws.
Judex aequitatem semper spectare debet. A judge ought always to regard equity.
Judex bonus nihil ex arbitrio suo faciat nec propositione domesticae voluntatis, sed juxta leges et jura pronunciet. A good judge should do nothing from his own preference or from the prompting of his private desire; but he should pronounce according to law and justice.
Judex damnatur cum nocens absolvitur. The judge is condemned when the guilty party is acquitted.
Judex debet judicare secundum allegata et probata. The judge ought to give judgment according to the allegations and the proofs.
Judex de pace civium constituitur. A judge is appointed for the peace of the people.
Judex est lex loquens. The judge is the speaking law.
Judex habere debet duos sales, salem sapientiae, ne sit insipidus, et salem conscientiae, ne sit diabolus. A judge should have two salts: the salt of wisdom, lest he be foolish; and the salt of conscience, lest he be devilish.
Judex non potest esse testis in propria causa. A judge cannot be a witness in his own cause.
Judex non potest injuriam sibi datum punire. A judge cannot punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse requirit. The judge does not give more than the plaintiff himself demands.
Judices non tenentur exprimere causam sententiae suae. Judges are not bound to explain the reason of their judgments.
Judices recenter et subtiliter excogitatis minime favent contra communem legem. Judges favor least of all new and subtle rationales against common law.
Judici officium suum excedenti non paretur. A judge who exceeds his office (or jurisdiction) is not obeyed.
Judici satis poena est quod Deum habet ultorem. It is punishment enough for a judge that he has God to take vengeance on him.
Judicis est in pronuntiando sequi regulam, exceptione non probata. It is the proper role of a judge in rendering his decision to follow the rule, when the exception has not been proved.
Judicis est judicare secundum allegata et probata. It is the proper role of a judge to decide according to the allegations and proofs.
Judicis est jus dicere, non dare. It is the proper role of a judge to state the right, not to endow it. • Generally interpreted, it is the duty of the judge to administer justice and not to make law.
Judicis officium est opus diei in die suo perficere. It is the duty of a judge to finish the work of each day within that day.
Judicis officium est ut res ita tempora rerum quaerere; quaesito tempore tutus eris. It is the duty of a judge to inquire into the timing of events as much as the matters themselves; by inquiring into the time, you will be safe.
Judicium a non suo judice datum nullius est momenti. A judgment given by a person who is not its proper judge (not in the proper jurisdiction) is of no consequence. 10 Coke 76.
Leges fixit pretio atque refixit. He shaped and reshaped laws for a price; he promulgated and annulled laws at a price. • The reference is to a judge who took bribes.
Lex de futuro, judex de praeterito. The law (provides) for the future, the judge for the past.
Lex est exercitus judicum tutissimus ductor. The law is the safest leader of the army of judges.
Ne judex ultra petita partium. May the judge not award beyond the demands of the parties.
Nemo debet esse judex in propria causa. No one should be judge in his own cause.
Nemo potest esse simul actor et judex. No one can be at the same time suitor and judge.
Nemo sibi esse judex vel suis jus dicere debet. No one ought to be his own judge or to administer justice in cases where his relations are concerned.
Nemo unquam judicet in se. Let no one ever be a judge in his own cause.
Nescis tu quam meticulosa res sit ire ad judicem. You don’t know how frightening it is to go before a judge. Plautus, Mostellaria 5.1.58.
Non est judex qui judicat minus quam petita partium. He is not a judge who decides less than what is requested from the parties.
Non pertinet ad judicem secularem cognoscere de iis quae sunt mere spiritualia annexa. It belongs not to the secular judge to take cognizance of things that are merely spiritual.
Non refert quid notum sit judici, si notum non sit in forma judicii. It matters not what is known to the judge if it is not known to him judicially.
Nulla curia quae recordum non habet potest imponere finem neque aliquem mandare carceri; quia ista spectant tantummodo ad curias de recordo. No court that does not have a record can impose a fine or commit any person to prison; because those powers look only to courts of record.
Odio et amore judex careat. Let a judge be free from hatred and love.
Officia magistratus non debent esse venalia. The offices of magistrates ought not to be sold.
Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi. It is the best law that leaves the least to the discretion of the judge; the best judge is he who leaves least to himself.
Optimam esse legem quae minimum relinquit arbitrio judicis; id quod certitudo ejus praestat. The law is the best that leaves the least discretion to the judge; this advantage results from its certainty.
Optimus judex qui minimum sibi. He is the best judge who (leaves) the least to his own discretion.
Praxis judicum est interpres legum. The practice of the judges is the interpreter of the laws.
Quam longum debet esse rationabile tempus, non definitur in lege, sed pendet ex discretione justiciariorum. How long a time should be “reasonable” the law does not define; it depends on the discretion of the judges.
Quam rationabilis debet esse finis, non definitur, sed omnibus circumstantiis inspectis pendet ex justiciariorum discretione. How reasonable a fine should be is not defined, but depends on the discretion of the judges, after all the circumstances have been considered.
Quemadmodum ad quaestionem facti non respondent judices, ita ad quaestionem juris non respondent juratores. In the same manner that judges do not answer questions of fact, so jurors do not answer questions of law.
Quicquid judicis auctoritati subjicitur, novitati non subjicitur. Whatever is subject to the authority of a judge is not subject to innovation.
Quicunque jussu judicis aliquid fecerit non videtur dolo malo fecisse, quia parere necesse est. Whoever does anything by command of a judge is not reckoned to have done it with evil intent, because it is necessary to obey.
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est. A person who has done anything by order of a judge is not considered to have acted in fraud, because it is necessary to obey.
Recuperatio est alicujus rei in causam alterius adductae per judicem acquisitio. Recovery is the acquisition, by sentence of the judge, of anything adduced in the cause of another.
Sacramentum habet in se tres comites, veritatem justitiam et judicium: veritas habenda est in jurato; justitia et judicium in judice. An oath has in it three components — truth, justice, and judgment: truth in the party swearing, justice and judgment in the judge (administering the oath).
Sapientis judicis est cogitare tantum sibi esse permissum, quantum commissum et creditum. It is the mark of a wise judge to suppose that he is permitted only so much as has been committed and entrusted to him.
Sententia a non judice lata nemini debet nocere. A judgment pronounced by one who is not a judge should harm no one.
Sicut ad quaestionem facti, non respondent judices, ita ad quastionem juris, non respondent juratores. Inasmuch as the judges do not decide on questions of fact, so the jury do not decide on questions of law.
Si judicas, cognosce. If you judge, understand.
Sublata veneratione magistratuum, respublica ruit. When respect for magistrates has been destroyed, the commonwealth perishes.
Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad similia. Where there is not direct law, one must rely on the judgment of the judge or refer to similar cases.
Ubi non est manifesta injustitia, judices habentur pro bonis viris, et judicatum pro veritate. Where there is no manifest injustice, the judges are to be regarded as honest men, and their judgment as truth.
Ubi vetat quid lex neque poenam statuit, poena in discretione judicis est. Where the law forbids anything and has not prescribed a punishment, the punishment is in the discretion of the judge.
Veritas habenda est in juratore; justitia et judicium in judice. Truth is the desideratum in a juror; justice and judgment in a judge.
Voluntatis defuncti quaestio in aestimatione iudicis est. The question of the intention of the deceased is for a judge to determine. CJ 6.42.7.