Legal Definitions - in pectore judicis

In pectore judicis is a Latin phrase that translates to "in the breast of the court" or "in the heart of the judge." It refers to a decision, understanding, or inclination that a judge or court holds privately, internally, or confidentially, but which has not yet been formally declared, announced, or made public. It signifies something that exists within the court's knowledge or intention but is not yet an official pronouncement or part of the public record.

• Example 1: A Judge's Undelivered Verdict

  Imagine a judge presiding over a non-jury trial, also known as a "bench trial," where the judge alone decides the facts and applies the law. After hearing all the evidence and arguments, the judge spends several days reviewing the case materials. The judge reaches a firm conclusion regarding the defendant's liability or innocence but has not yet drafted the written judgment or scheduled a court session to announce the verdict.

  How it illustrates the term: At this stage, the judge's decision exists "in pectore judicis." The outcome is known to the judge internally, but it has not been formally communicated to the parties, nor has it become a public record. Until the judge issues the official ruling, the decision remains within the court's private knowledge.

• Example 2: A Preliminary View on a Motion

  In a complex civil lawsuit, one party files a motion asking the court to dismiss the case. After reviewing the initial written arguments from both sides, the judge develops a strong preliminary inclination to deny the motion because the arguments for dismissal seem weak. However, the judge still needs to hear oral arguments from both sides in court before making a final, binding decision.

  How it illustrates the term: The judge's preliminary inclination to deny the motion is "in pectore judicis." It's an internal assessment or a private leaning that guides the judge's thinking, but it is not yet a formal ruling or an order that has been communicated to the parties. The judge's mind is not yet officially made up in a way that impacts the case's public record.

• Example 3: An Unexpressed Concern About Jurisdiction

  A judge is reviewing the initial filings for a new case and notices a subtle detail that raises a question about whether the court actually has the legal authority (jurisdiction) to hear the case. Neither party has raised this issue. The judge decides to research the point further before deciding whether to bring it to the attention of the lawyers involved or issue an order related to it.

  How it illustrates the term: The judge's unexpressed concern about jurisdiction is "in pectore judicis." It's a significant legal question that the judge is contemplating internally. While it could potentially impact the entire case, it remains a private thought or inquiry within the court's mind until the judge chooses to formally address it with the parties or issue an order.