Define: Cursus Curiae Est Lex Curiae

The phrase “Cursus Curiae Est Lex Curiae” is a Latin legal maxim that translates to “The practice of the court is the law of the court.” It signifies that the established procedures and practices of a court are binding and must be followed.

The citation “3 Bulst 53” refers to a specific legal case or source where the phrase “Cursus Curiae Est Lex Curiae” was mentioned. It helps identify the origin of the phrase and provides a reference for further research or citation purposes.

The principle of “Cursus Curiae Est Lex Curiae” is applied in legal proceedings to ensure consistency, fairness, and efficiency. It means that the established practices and procedures of a court, such as filing deadlines, rules of evidence, and courtroom decorum, must be followed by all parties involved.

In certain circumstances, the court may deviate from the “Cursus Curiae Est Lex Curiae” principle if there are compelling reasons or if it is necessary to ensure justice. However, such deviations are rare and require strong justification.

Self-represented litigants are also bound by the principle of “Cursus Curiae Est Lex Curiae.” They are expected to adhere to the established practices and procedures of the court, even if they are not familiar with them. However, courts may provide some leniency and guidance to self-represented litigants to ensure fairness.

Statutory law or constitutional provisions can override the principle of “Cursus Curiae Est Lex Curiae” if they explicitly contradict or modify the established practices and procedures of the court. However, such conflicts are rare, and courts generally strive to harmonise the principles of “Cursus Curiae Est Lex Curiae” with statutory and constitutional requirements.

The “Cursus Curiae Est Lex Curiae” principle itself is not typically subject to challenge or appeal. However, specific applications or interpretations of the principle may be subject to review by higher courts if they are alleged to be erroneous or unfair.

Yes, the “Cursus Curiae Est Lex Curiae” principle applies to all types of courts, including trial courts, appellate courts, and even administrative or specialised courts. It ensures consistency and fairness in the administration of justice across different court systems.

While the “Cursus Curiae Est Lex Curiae” principle is generally applied, there may be some exceptions or limitations based on specific circumstances or legal requirements. For example, in certain emergency situations or when dealing with unrepresented parties, courts may exercise flexibility in applying the principle.