Legal Definitions - fidem facere judici

fidem facere judici

This Latin phrase historically means to convince the judge or to establish belief in the judge's mind. It refers to the crucial act of presenting evidence and arguments in a legal proceeding to persuade a judge of the truth or validity of a party's claims or defenses.

• Example 1: Contract Dispute

  Consider a scenario where a small business owner sues a software developer for failing to deliver a custom application by the agreed deadline, causing significant financial losses. During the trial, the business owner presents email correspondence, project timelines, and expert testimony from an IT consultant detailing the developer's delays and the impact on the business. The purpose of presenting all this evidence is to fidem facere judici – to convince the judge that the software developer breached the contract and is responsible for the damages incurred.

• Example 2: Property Boundary Dispute

  Imagine two neighbors involved in a dispute over the exact boundary line between their properties. One neighbor claims a portion of land based on historical usage and an old fence line. To support their claim, they present old property deeds, a surveyor's report, and witness testimony from long-time residents who recall the fence's original location. Through this presentation, the neighbor aims to fidem facere judici, persuading the judge that their interpretation of the property line is the legally correct one.

• Example 3: Request for Injunctive Relief

  A community group seeks a court order (an injunction) to stop a construction project, arguing that it violates environmental regulations and will cause irreparable harm to a local ecosystem. In court, the group presents scientific studies, expert testimony from environmental scientists, and photographic evidence of sensitive habitats. Their objective is to fidem facere judici – to convince the judge that the environmental harm is imminent and severe enough to warrant halting the construction.