Also known as: ordo iudiciorum · order of judgments · judicial order
Written by attorneys · grounded in primary & secondary sources — see below
A principle requiring courts to follow a prescribed sequence when hearing cases and rendering judgments.
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Olive Okafor served as general partner in a limited partnership that faced mounting losses. The other partners petitioned the court for her expulsion under the statute. The court first determined that her conduct made continued operations impracticable, then issued the expulsion order before any winding-up steps began.
Otto Osman and two co-partners ran a courier service. After Otto suffered a brain injury that impaired route supervision, the remaining partners sought a court order removing him. The court addressed the expulsion petition before considering any dissolution of the firm itself.
Ophelia O'Brien sued a newspaper for publishing private facts about her. The newspaper sought a protective order limiting discovery. The court resolved the protective-order motion before scheduling any trial on the merits.
Oriana Oberman and a citizens group challenged an airport authority's funding decisions. The authority moved to dismiss for lack of standing. The court decided the standing issue before reaching the merits of the funding dispute.
Odessa Okada and a nonprofit organization contested a college's use of federal land. The college moved to dismiss on standing grounds. The court ruled on standing before considering any substantive claims about the land transfer.
Oskar Ocampo sued a foreign insurer in federal court. The insurer contested personal jurisdiction. The court resolved the jurisdiction question before addressing any discovery or liability issues.
It requires courts to follow a prescribed sequence when hearing cases and issuing judgments. The rule ensures that preliminary matters such as standing or jurisdiction are resolved before substantive issues.
It directs that a court must first decide whether statutory grounds for judicial expulsion exist before addressing dissolution or winding up. This sequence keeps dissociation separate from termination of the entity.
No. The maxim requires adherence to the established order, so issues such as standing or jurisdiction must be resolved before reaching the merits of a claim.
…those protections no greater invasion of privacy was permitted than was necessary under the circumstances.[^maj-16] A similar judicial order in this case could have accommodated the legitimate needs of law enforcement by authorizing carefully limited electronic surveillance. The Government urges that because its agents relied…