| Maxim (Original) | Translation / Meaning | Corpus Source | Application to Rebuttal |
|---|---|---|---|
| Ad quaestionem juris non respondent juratores; ad quaestionem facti non respondent judices | The jury do not answer to a question of law; the judges do not answer to a question of fact. | Common law principle with roots in Corpus Juris Civilis | Reinforces that jurisdiction (a matter of law) must be proven by the court, not presumed as a fact to be “found” against the man. |
| Ubi lex non distinguit, nec nos distinguere debemus | Where the law does not distinguish, neither should we distinguish. | Corpus Juris Civilis | Prevents the court from creating artificial categories of person (e.g., corporate fiction vs. living man) not expressly distinguished in enacted law. |
| Ecclesia supplet | The Church supplies (jurisdiction or authority where it is lacking). | Corpus Juris Canonici | Shows how ecclesiastical courts historically presumed jurisdiction — a presumption rebutted here in secular proceedings. |
| Delegatus non potest delegare | A delegate cannot delegate. | Corpus Juris Canonici | Undermines any claim that jurisdiction delegated from a foreign or ecclesiastical source can be further delegated to a secular court without express statutory authority. |
| Actor incumbit onus probandi | The burden of proof lies on the claimant. | Corpus Juris Secundum / general common law | Places the onus on the Crown to prove jurisdiction by positive law, not on the man to disprove inherited presumptions. |
| Boni judicis est ampliare jurisdictionem | It is the part of a good judge to enlarge his jurisdiction. | Corpus Juris Secundum (noted as a cautionary maxim) | Demonstrates the risk of judicial overreach — supports the need for strict proof of jurisdictional basis. |
| No fact of law shall be tried in court (alter) | Matters of law are for the judge; matters of fact are for the jury. | Common law / Roman law influence | Prevents the court from treating the man’s legal status or standing as a “fact” to be determined without first establishing the law that applies. |
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