Duhaime's Law Dictionary


Qui Jussu Judicis Aliquod Fecerit, Non Videtur Dolo Malo Fecisse, Quia Parere Necesse Est Definition:

Latin: One who does a wrongful act by order of a Court having jurisdiction, is not liable in tort, because he must obey the law.

Related Terms: Justification, Qui Jure Suo Utitur Neminem Facit Injuriam

A justification to what otherwise might be an unlawful or tortious act; that is was done in obedience of a Court order.

This is one of the so-called fundamental Latin maxims of law as selected by Herbert Broom. Of this maxim, Broom proposes this rendering:

"Where a person does an act by command of one exercising judicial authority, the law will not suppose that he acted from any wrongful or improper motive, because it was his bounden duty to obey."

Another rendition of this obsolete maxim is that of Adeleye and others:

"One who will have done something by the order of a judge, does not seem to have done it with evil contrivance because it is necessary to obey the law.

"The maxim, though valid where a court exercises jurisdiction of a case, is not valid where the court has no jurisdiction. In the latter case, an officer who executes the order of the court may be sued."

REFERENCES:

  • Adeleye, Gabriel G., Acquah-Dadzie, Kofi, Sienkewicz, Thomas J. and McDonough, James, World Dictionary of Foreign Expressions (Mundelein, Illinois: Bolchazy-Carducci Publishers, 1999), page 331

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