Coram non judice, Latin for "not before a judge", is a legal term typically used to indicate a legal proceeding that is outside the presence of a judge (or in the presence of a person who is not a judge), [1] with improper venue, or without jurisdiction. Any indictment or sentence passed by a court which has no authority to try an accused of that offence, is clearly in violation of the law and would be coram non judice and a nullity. The exception non sui juris, "not of one's own right", is available at any time, including after judgment (Bracton).
The "coram" part of the term means "in the presence of". [2]
See also
References
- ^ Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 3 (2 ed.). Detroit: Thomson/Gale. p. 248. ISBN 9780787663742.
- ^ Bouvier, John; Rawle, Francis (1897). Bouvier's Law Dictionary. Boston: Boston Book Company.