Legal Definitions - extra judicium

The Latin term extra judicium refers to actions, statements, or events that occur outside of a formal court proceeding, beyond the direct authority or jurisdiction of a court, or are otherwise extrajudicial.

Essentially, it describes anything that happens apart from the official judicial process or the formal powers of a judge or court.

• Example 1: Settlement Negotiations

  Imagine two companies involved in a business dispute. Before or even during a lawsuit, their lawyers meet privately to discuss a potential settlement agreement. These discussions and any resulting agreement are considered extra judicium. They occur outside the courtroom, are not part of the formal trial process, and are reached through negotiation rather than a judge's ruling or jury verdict. While a court might later approve a settlement, the negotiation itself is an out-of-court process.

• Example 2: A Judge's Personal Opinion

  Suppose a judge gives a speech at a local community event and shares their personal views on a controversial legal topic. These comments are extra judicium because they are not made in the context of an official court case, do not constitute a legal ruling, and carry no binding legal authority. They are simply the judge's private opinion, expressed outside their judicial capacity.

• Example 3: Administrative Agency Actions

  Consider a government regulatory agency, like an environmental protection agency, that investigates a company for violating pollution standards. If the agency conducts its own investigation, holds administrative hearings, and then imposes a fine or mandates specific corrective actions without involving a court, these actions are extra judicium. They are carried out by an administrative body under its own statutory authority, separate from the judicial branch, even though they have legal effect.