Sub judice refers to cases currently being decided by the judicial system. It is used by lawyers to acknowledge the case being heard. In some countries, it is a crime for the press to comment on pending litigation to avoid prejudicing potential jurors. The term is no longer used for published material in the US. The right to a fair trial is a fundamental right of citizens, and preserving the integrity of the courts is crucial in protecting civil liberties.
Sub judice is a Latin phrase that literally means “under judgement”. It is used to refer to situations that are currently being decided by the judicial system. This could mean matters that a judge is considering, as well as items that are in dispute and may be heard by a jury.
This term is sometimes used by lawyers to refer to the case at hand. They usually make this reference while in class. They do this to acknowledge that the case they are arguing is being heard and recognized by the justice system.
In many countries, it may be a crime for members of the press to comment on pending litigation. This is often true in criminal cases because this could prejudice potential jurors. Judicial charges against journalists who make statements on sub judice or yet to be decided cases can often be outraged.
The fact that writing articles about a case could taint it was one of the reasons published material about pending litigation was sometimes referred to as sub judice in America before 1981. In that year, the US Contempt of Court Act was passed. This law states that media coverage of an event is capable of influencing public opinion only during the period of the trial itself. For this reason, newspaper or magazine articles on most cases are no longer referred to by this term.
Many times, court cases have been pending for some time before they can be heard by a judge or jury. Typically a matter is said to be sub judice from the time the first written briefs or motions are filed with the court. This is no longer thought to be the case once a final decision has been made or the case has been dismissed. This is because it therefore has the status of having been decided, rather than being under advice.
Having a case sub judice, or in court, is the foundation of the legal system of many countries around the world. This is because the right to a fair trial in civil and criminal matters is in most cases a fundamental right of citizens. Preserving the integrity of the courts can play a crucial role in ensuring that people’s civil liberties are not violated.
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