Legal Definitions - coram judice

Coram Judice

Coram judice is a Latin legal phrase that means a legal matter is legitimately and properly before a court or judge. It signifies that a case is being heard by a judge who has the legal authority (jurisdiction) to preside over it and that the proceedings are being conducted through the appropriate legal channels.

Here are some examples illustrating this concept:

• Example 1: Witness Testimony in Court

  Imagine a witness providing their account of an event during a criminal trial. They are sworn in and answer questions from the attorneys while the judge presides over the proceedings.

  This situation is coram judice because the witness's testimony is given directly in the presence of the judge, as part of a formal and legitimate court proceeding. The judge has the authority to hear this testimony and consider it as evidence in the case.

• Example 2: Filing a Lawsuit in the Correct Court

  A small business owner decides to sue a supplier for failing to deliver goods as per their contract. They consult with their attorney and file the lawsuit in the local civil court that handles contract disputes and has jurisdiction over both parties involved.

  By filing the case in the appropriate court with the legal authority to hear such a dispute, the matter is considered coram judice. This means it is legitimately before a judge who has the power to make a binding decision. If the lawsuit were filed in a court that lacked jurisdiction (e.g., a traffic court), it would not be coram judice.

• Example 3: A Judge Issuing a Ruling

  Following a hearing where both sides presented their arguments regarding a property dispute, the presiding judge issues a written order detailing who has legal ownership of the contested land.

  The judge's act of issuing this order is coram judice because it is a formal action taken by a judge within their official capacity and legal authority, based on proceedings that were legitimately conducted before the court. The ruling is therefore legally binding and enforceable.