What is/was &quot;iudex non calculat&quot;? Wikipedia: It originates from the Roman legal concept that obvious calculation errors in a court decision are not harmful to the decision itself and can be corrected at any time. Figuratively it also describes the concept that a judge does not &quot;add up&quot; the number of arguments but instead bases his or her decision on the strength of those arguments. Wiktionary: The principle that a judge should base their decision on the strength of the arguments rather than their quantity. Briefly googling I'm unable to find any more definitive sources/references, which are what I'm looking for.
The form calculat is late Latin, and so we may not find this exact phrasing in our earliest Roman sources. The general principle regarding correction of numerical errors is in the Digest of Justinian (530-533), which deals in 49.8 with decisions which can be rescinded without an appeal. The authority cited is Aemilius Macer, a jurist of the third century, whose work De Appellationibus (&quot;On Appeals&quot;) is quoted as saying: si calculi error in sententia esse dicatur, appellare necesse non est: veluti si iudex ita pronuntiaverit: &quot;cum constet titium seio ex illa specie quinquaginta, item ex illa specie viginti quinque debere, idcirco lucium titium seio centum condemno&quot;: nam quoniam error computationis est, nec appellare necesse est et citra provocationem corrigitur. sed et si huius quaestionis iudex sententiam centum confirmaverit, si quidem ideo, quod quinquaginta et viginti quinque fieri centum putaverit, adhuc idem error computationis est nec appellare necesse est: si vero ideo, quoniam et alias species viginti quinque fuisse dixerit, appellationi locus est. Translation from Samuel P. Scott, 1932: If an error in the calculation is alleged to exist in the decision, it is not necessary to appeal, for instance, if the judge decides as follows: &quot;As it is proved that Titius owes Seius fifty sesterces for such-and-such an article, and also twenty-five for another; therefore I hold that Lucius Titius shall pay Seius a hundred sesterces;&quot; because, as the mistake is one of computation, it is not necessary to appeal, and it can be corrected without doing so. If, however, the judge of this question should render a decision for a hundred sesterces, for the reason that he thought that fifty and twenty-five made a hundred, still, the same mistake is one of computation, and it is not necessary to appeal. But when the judge decides that there is another sum of twenty-five sesterces due, there will be ground for appeal. Another maxim for this situation is error calculi non nocet, an error in calculation does no harm. In the Corpus Iuris Civilis, 2.5, a similar formulation is attributed to a ruling from the co-Emperors Diocletian and Maximian, so the same rough time as Macer: errorem calculi ... veritati non adferre praeiudicum, an error in calculation does not prejudice the truth. The &quot;non nocet&quot; phrase can be found in much later sources, such as the 14th century commentary by Baldus de Ubaldis on Justinian. I think that this is a more precise and common term than iudex non calculat for that idea. The cited law is that a judge can correct their own calculational error, to make the outcome accord with the just outcome they had intended. The form iudex non calculat matches this idea for saying that the arithmetical working is not primary, but rather something that is deduced from the decision. This is also a feature of modern law systems, wherein obvious mistakes in court orders can be corrected by the court itself, on application. For the secondary meaning, assessing the strength of arguments rather than their quantity, this is so commonplace that it's hard to identify any particular source. It's certainly an idea we find in Cicero's rhetoric. His Orator, for example, has: The stress of an argument does not always, and in every cause, depend upon similar topics. He will, therefore, exercise his judgment; and not only discover what may be said, but thoroughly examine the force of it. ... An Orator, therefore, should carefully examine each, that he may be able to select with propriety. Otherwise, how can he enlarge upon those which are most pertinent, and dwell upon such as more particularly affect his cause? Cicero is suggesting that we should choose and hone our strongest arguments, not just reel off everything we can think of. Inclusion of weak or irrelevant material may make the overall case weaker, as well as trying the patience of the listener. I've heard similar sentiments from contemporary judges, so it's clearly something we've been struggling with for a couple of thousand years and counting. The phrase &quot;iudex non calculat&quot; does not appear to have much current live use: perhaps mainly jurists disclaiming any interest in figures, using the phrase slightly ironically.
Usually, an attack on the validity or prudence of the underlying order is not a defense to court action to enforce it. Usually, the only exception would be when it was impossible, or practically impossible, to perform the court order for some reason. You could seek to modify the order, but that would be prospective in effect only and usually isn't granted unless there has been a change in circumstances since the original order was entered. You could also bring a motion to set aside judgment (usually this has to be done within six months of entry of an order) on the grounds that this provision was included only due to mistake or irregularities in the process or excusable neglect. But, that only would have only prospective effect.
I've never heard the phrase used this way, and it wouldn't make any sense, anyway; &quot;indemnity&quot; is security against a consequence, so the existence of civil and criminal consequences would be a double non-indemnification. Maybe ask the lecturer for a published example of this usage.
Congratulations, intrepid legal enthusiast or learner! What you'll need A legal dictionary, especially if you're just getting started. If you don't own one, you can try Black's Law Dictionary A little bit of patience and time. Or maybe a lot, depending on the particular case and the particular question you're trying to answer. Maybe a normal dictionary, too. Again, if you don't own one, there's plenty online. Onelook is a dictionary search engine, so it'll search a lot of dictionaries at the same time. Okay, I've got those things, now what? Alright, there's a few things you should know. Firstly, decisions of superior courts are binding only on those inferior courts within the same hierarchy. This means that you can appeal to a higher court so long as it has appellate jurisdiction. Generally, a state (meaning a country) will have a supreme or highest court, with appellate jurisdiction over all other courts - in Australia, this is the High Court of Australia, in the United States, this is the Supreme Court of the United States, and in the United Kingdom, this is the Supreme Court of the United Kingdom. Secondly, decisions of a court are generally binding only on the matter in dispute. For example, if in a case, the matter of whether the police owe a duty of care to citizens in detecting crime, a comment on whether the police had correctly parked their vehicle is not binding - it is called obiter dictum (plural obiter dicta). What we're looking for in a judgement is the ratio decidendi (plural rationes decidendi), which is the reason for the decision. This is what is binding, and would be considered in future decisions. The problem? It's not always easy to tell the ratio from the obiter. Finally, often, the only way to know whether our interpretation of a case is right is to see whether it is applied in a future case, or overruled. Examples, examples! Sure. Let's try something easy to start with. Do product manufacturers owe a duty of care to their customers? Yes. The decision in Donoghue v Stevenson [1932] UKHL 100 found that product manufacturers - in this case, a ginger beer manufacturer - have a duty of care to ensure their products are safe for use or consumption. Lord Atkin said: The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. Okay, so the answer to this question is yes. How do I verify it? Get the source of the judgement. Without this, you're going to be relying on hearsay. The next best thing is a subsequent judgement that applies the one you're looking for, because if the judgement says what it's supposed to, it'll be mentioned in the subsequent judgement. I've found this one. Decide whether the matter in dispute is actually being decided. In our case, it is. But if I was quoting this from a judgement on whether product manufacturers have an obligation to transfer title for goods supplied on a credit agreement, it wouldn't be binding. Find the quote. If you've been given a quote. Otherwise, grab a cup of tea or coffee and get ready to read. A lot. If you can't find something that says, or means, what it's supposed to, it's probably not accurate. Make sure the judgement hasn't been overruled This is tricky, unless the judgement database you're using has a way of searching it. Most do. In any case, it's much like trying to prove a negative. In fact, it's exactly that. But always check whether the judgement has been overturned on appeal. Make sure the judgement hasn't been obsoleted by statute Again, this is tricky. It's proving a negative, again. And trying to find statute might be an answer for another time. Is that it? Pretty much, I think. These are at least the main points. There's a whole laundry list of things you shouldn't do with judgements, but they're more about reasoning than legal principles. It's a skill you can really only develop by using, and I'm constantly practising myself. Many discussions about cases are precisely about what their effect is. Yes, the decisions and orders are usually pretty clear-cut - for example, the decision is that the manufacturer has a duty of care, and the orders are for damages and costs to be paid. But what it means beyond that can be murky. Luckily for us, judges have become better at writing their judgements so that others can understand. Also, for more important cases, where the entire country, or world, is watching, others will interpret it for you - consider Obergefell v Hodges, for example. Not everyone can be trusted, but everyone, taken together, is a much more trustworthy source than just one person. In the end, there's not a mathematical formula for determining what judgements mean. There's some interpretation involved, some judgement. There's not always going to be one judgement that's enough to prove your matter. I'm struggling to end this post neatly so I'll just finish it with a cliff-
Lots of reasons The citing case may be in a higher court than the cited case but might not actually add anything. You always go for the highest authority on record. From time to time, a case makes a big review and consolidation of all the case law on a particular point. It is then easier to cite that case rather than half a dozen cases that it summarised. More recent cases are worth more, all else being equal. A case from 2002 shows the law hasn’t changed since the decision in 1997. Repeated precedents are worth more, all else being equal. By using the citing case you get the weight of two judges (or more for multi-judge appeals) for the price of one. Some judges write better than others. Citing their cases may better clarify the point.
This was asked and answered by KPD on the Politics stackexchange. This issue came up in a decision from an appeals court, with a judge dying before the opinion was released, leading to the following SCOTUS opinion. The short of the answer: that Judge's vote is voided. If the result of negating the deceased Justice's vote is a 4-4 tie, then the usual procedure for a 4-4 tie is invoked, which is addressed in the Q&amp;A you link. Of course this assumes that SCOTUS will apply this to themselves, but the issue appears to be non-controversial, as it was a fairly recent decision with no dissents noted. So this assumption seems safe.
A judge can ask any question of anyone in their courtroom. A judge can make any comments they like in their courtroom. They're a judge! What they can't do is exhibit bias or the apprehension of bias or take irrelevant matters into account in making judicial decisions. The judge may have a wide and deep knowledge of driving conditions in India, however, that is irrelevant to an alleged speeding offence in the United States. If it appears that the judge took this into account in their decision then there are grounds for an appeal. Similarly, if it appears that the fact that you are Indian and the judge displays bias against (or towards) Indians then that is also grounds for an appeal. An appeal court will look at the entire circumstances of the case to determine if the decision should be overturned including what was said, what the judge decided and the reasons for the decision in the written judgement (if any).
Its difficult to tell without seeing the exact paperwork, and the exact meaning of without prejudice varies by jurisdiction (I think UK is the same as here in NZ though). If an agreement is reached through communications marked "without prejudice" it should be valid in court to the extent that it shows an agreement was reached and what the agreement was (but the court will not generally look at the documents marked without prejudice for other reasons &ndash; e.g. admissions made &ndash; if no agreement is reached). There are a couple of other relevant things to mention &ndash; although not strictly part of your question: Lawyers are officers of the court, and have duties to the court, which include acting ethically. So, provided it's a reputable law firm, it is reasonable to (somewhat) trust their solicitors in procedural matters. My understanding is that courts encourage anything that will help settle a matter out of court &ndash; hence the whole idea of "without prejudice" letters being valid. I believe that the court will uphold an agreement reached through communication of without prejudice emails as it's in their interests. If you have these kinds of concerns, you can raise them with their solicitor, suggesting that you would prefer the final document to not be without prejudice, even if it only refers to the matter and agreement, without sensitive stuff. I imagine they would be only to happy to oblige, as they can bill their client for another letter!