Iura novit curia
Encyclopedia
Iura novit curia is a Latin legal maxim
expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead
or prove the law that applies to their case. The maxim is applied principally in civil law systems and is part of the investigative ("inquisitorial") aspect of that legal tradition, as distinguished from the more pronouncedly adversarial approach of common law
legal systems. The maxim is first found in the writings of the medieval glossator
s about ancient Roman law
.
alone is responsible for determining which law applies to a particular case, and how. The court applies the law ex officio, that is, without being limited to the legal arguments advanced by the parties (although the court is normally limited to granting the relief sought by the parties). The same principle is also expressed in the related maxim da mihi factum, dabo tibi ius ("give me the facts and I shall give you the law"), sometimes also given as narra mihi factum, narro tibi ius: it is incumbent on the parties to furnish the facts of a case and the responsibility of the judge to establish the applicable law. The maxim also means the parties cannot limit the court's legal cognition (that is, the authority to determine the applicable law).
In its most wide-reaching form, the principle of iura novit curia allows the court to base its decision on a legal theory that has not been the subject of argument by the parties. However, in view of the parties' right to be heard (audiatur et altera pars) and the adversarial principle, both also recognized in civil law systems, this freedom is not unlimited. Many jurisdictions require the court to allow the parties to address any points of law first raised by the court itself. Because a wide application of iura novit curia may conflict with the parties' authority (in private law
) to decide what is to be the subject of litigation, courts in most jurisdictions normally stay within the bounds established by the pleadings and arguments of the parties. In criminal law
, the court's freedom to apply the law is generally constrained at least to some extent by the legal characterization of the alleged facts in the indictment
.
of a statute, or the application of European law) to the review of a specialized other court (such as a constitutional court or the European Court of Justice
).
The codes of procedure may also provide that the court may call upon the parties or experts to prove or determine any applicable foreign law. In common law countries in particular, the rule is iura aliena non novit curia, i.e., judges may not rely on their own knowledge of foreign law, but the party who relies on it must prove it. In civil law systems, the same rule generally applies in attenuated forms: judges may (or should to the extent possible) make their own investigations of foreign law.
Jacobs explains, however, that this distinction is exaggerated on closer examination: Civil law courts, iura novit curia notwithstanding, may not exceed the limits of the case as defined by the claims of the parties and may not generally raise a new point involving new issues of fact. A common law court, too, will sua sponte
take a point which is a matter of public policy
; it will, for instance, refuse to enforce an illegal contract even if no party raises this point. The common law's lack of the rule of iura novit curia therefore has some relevance in civil proceedings, but matters little in criminal proceedings or in administrative courts.
s as a general principle of law. While the ICTY declined to do so in one case, the regulations of the International Criminal Court
now provide for it. The principle has also been recognized by the International Court of Justice
as generally applicable in international proceedings, as well as by the Inter-American Court of Human Rights
and the World Trade Organization
's adjudicating bodies.
Legal maxim
A legal maxim is an established principle or proposition. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on...
expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
or prove the law that applies to their case. The maxim is applied principally in civil law systems and is part of the investigative ("inquisitorial") aspect of that legal tradition, as distinguished from the more pronouncedly adversarial approach of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legal systems. The maxim is first found in the writings of the medieval glossator
Glossator
The scholars of the 11th and 12th century legal schools in Italy, France and Germany are identified as glossators in a specific sense. They studied Roman Law based on the Digestae, the Codex of Justinian, the Authenticae The scholars of the 11th and 12th century legal schools in Italy, France and...
s about ancient Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
.
Principle
Iura novit curia means that the courtCourt
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
alone is responsible for determining which law applies to a particular case, and how. The court applies the law ex officio, that is, without being limited to the legal arguments advanced by the parties (although the court is normally limited to granting the relief sought by the parties). The same principle is also expressed in the related maxim da mihi factum, dabo tibi ius ("give me the facts and I shall give you the law"), sometimes also given as narra mihi factum, narro tibi ius: it is incumbent on the parties to furnish the facts of a case and the responsibility of the judge to establish the applicable law. The maxim also means the parties cannot limit the court's legal cognition (that is, the authority to determine the applicable law).
In its most wide-reaching form, the principle of iura novit curia allows the court to base its decision on a legal theory that has not been the subject of argument by the parties. However, in view of the parties' right to be heard (audiatur et altera pars) and the adversarial principle, both also recognized in civil law systems, this freedom is not unlimited. Many jurisdictions require the court to allow the parties to address any points of law first raised by the court itself. Because a wide application of iura novit curia may conflict with the parties' authority (in private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
) to decide what is to be the subject of litigation, courts in most jurisdictions normally stay within the bounds established by the pleadings and arguments of the parties. In criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, the court's freedom to apply the law is generally constrained at least to some extent by the legal characterization of the alleged facts in the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
.
Exceptions
The principle of iura novit curia may be subject to exceptions. For instance, courts may be required by law to submit certain questions of law (such as the constitutionalityConstitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of a statute, or the application of European law) to the review of a specialized other court (such as a constitutional court or the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
).
The codes of procedure may also provide that the court may call upon the parties or experts to prove or determine any applicable foreign law. In common law countries in particular, the rule is iura aliena non novit curia, i.e., judges may not rely on their own knowledge of foreign law, but the party who relies on it must prove it. In civil law systems, the same rule generally applies in attenuated forms: judges may (or should to the extent possible) make their own investigations of foreign law.
In civil and common law legal systems
According to Mattias Derlén, "it has traditionally been claimed that jura novit curia applies in civil law systems but not in common law systems". Francis Jacobs described this view as follows:Jacobs explains, however, that this distinction is exaggerated on closer examination: Civil law courts, iura novit curia notwithstanding, may not exceed the limits of the case as defined by the claims of the parties and may not generally raise a new point involving new issues of fact. A common law court, too, will sua sponte
Sua sponte
In law, sua sponte describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties...
take a point which is a matter of public policy
Public policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
; it will, for instance, refuse to enforce an illegal contract even if no party raises this point. The common law's lack of the rule of iura novit curia therefore has some relevance in civil proceedings, but matters little in criminal proceedings or in administrative courts.
In international law
Iura novit curia is widely applied by international courtInternational court
International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.Early examples of...
s as a general principle of law. While the ICTY declined to do so in one case, the regulations of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
now provide for it. The principle has also been recognized by the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
as generally applicable in international proceedings, as well as by the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...
and the World Trade Organization
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
's adjudicating bodies.