Legal Definitions - coram non judice

Coram non judice is a Latin legal term that describes a legal proceeding or action that takes place without the proper authority of a judge or court. It essentially means that the matter is either not before the correct judge or court, or that the judge or court lacks the legal power (jurisdiction) to hear and decide the case.

When an action is deemed coram non judice, it is considered legally invalid and without effect, as if it never happened in the eyes of the law. This can occur in two main ways:

• When a proceeding happens literally outside the presence of a judge, where a judge's involvement is legally required.
• More commonly, when a judge or court attempts to handle a case for which they do not have the legal authority or jurisdiction. This means the court might not have the power to hear that type of case (subject matter jurisdiction) or to make decisions affecting the specific parties involved (personal jurisdiction).

Here are some examples to illustrate this concept:

• Example 1: Incorrect Subject Matter Jurisdiction

  Imagine a local municipal traffic court attempting to hear a complex lawsuit involving a dispute over a federal patent infringement. The traffic court is designed to handle minor infractions like speeding tickets, not intricate federal intellectual property cases. If the traffic court were to issue a ruling on the patent dispute, that ruling would be considered coram non judice because the court lacks the legal authority (subject matter jurisdiction) to hear such a case. Any decision made would be legally void.

• Example 2: Lack of Personal or Territorial Jurisdiction

  Suppose a judge in California tries to issue a binding order in a property dispute that exclusively involves two residents of New York concerning a piece of land located entirely within New York. The California judge and court would typically lack the legal power (personal or territorial jurisdiction) over the parties or the property in New York. Any judgment rendered by the California court in this scenario would be coram non judice, as it would be acting outside its proper legal bounds and would not be enforceable in New York.

• Example 3: Procedural Irregularity or Lack of Proper Forum

  Consider a situation where a judge, outside of any formal court session and perhaps during a private conversation, attempts to make a final ruling or issue a sentence in a criminal case. Even though it's a judge, the action is not taking place within a properly convened court, with all the necessary procedural safeguards and public record. Such a "ruling" would be coram non judice because it was not made in the appropriate legal forum or manner required for a valid judicial act, rendering it legally ineffective.