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Roman Litigation
The history of Roman law can be divided into three systems of procedure: that of '' legis actiones'', the formulary system, and '' cognitio extra ordinem''. Though the periods in which these systems were in use overlapped one another and did not have definitive breaks, the ''legis actio'' system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, the formulary procedure was primarily used from the last century of the Republic until the end of the classical period (c. AD 200), and ''cognitio extra ordinem'' was in use in post-classical times. Legis Actiones The remarkable aspect of a trial of an action under the legis actio procedure (and also later under the formulary system) was characterized by the division of the proceedings into two stages, the first of which took place before a magistrate, under whose supervision all the preliminaries were arranged, the second, in which the issue was actually decided, was held before a judge. The m ...
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Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis f ...
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Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # '' subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # '' subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the English ...
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Denarii
The denarius (, dēnāriī ) was the standard Roman silver coin from its introduction in the Second Punic War to the reign of Gordian III (AD 238–244), when it was gradually replaced by the antoninianus. It continued to be minted in very small quantities, likely for ceremonial purposes, until and through the Tetrarchy (293–313). The word ''dēnārius'' is derived from the Latin ''dēnī'' "containing ten", as its value was originally of 10 assēs.Its value was increased to 16 assēs in the middle of the 2nd century BC. The word for "money" descends from it in Italian (''denaro''), Slovene (''denar''), Portuguese (''dinheiro''), and Spanish (''dinero''). Its name also survives in the dinar currency. Its symbol is represented in Unicode as 𐆖 (U+10196), a numeral monogram that appeared on the obverse in the Republican period, denoting the 10 asses ("X") to 1 denarius ("I") conversion rate. However it can also be represented as X̶ (capital letter X with combining lo ...
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Leges Iuliae Iudiciariae
Leges (plural of Latin lex: ''law'') may refer to: Literature * ''Laws'' (dialogue) Plato's last and longest dialogue Ancient Roman law * Leges regiae, early Roman laws introduced by the Kings of Rome * Lex Julia (Leges Juliae), ancient Roman laws, introduced by any member of the Julian family * Leges Clodiae, series of laws passed by the Plebeian Council of the Roman Republic * Leges provinciae, 146 BC laws concerning the regulation and administration of Roman provinces * Lex Antonia (Leges Antoniae), law established in ancient Rome in 44 BC * Lex Licinia Sextia (Leges Liciniae Sextiae), Roman law which restored the consulship in 367 BCE Laws in other governments * Leges Henrici Primi, legal treatise, written circa 1115, on legal customs of medieval England * Leges palatinae, laws governing the functioning of the royal court of the Kingdom of Majorca * Leges Edwardi Confessoris, early twelfth-century English collection of 39 laws * Leges Genuciae, laws proposed in 342 BCE ...
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Lex Aebutia De Formulis
''Lex Aebutia de formulis'' (The Aebutian Law Concerning the Lawful Forms of Private Actions) was a law established in ancient Rome in around 150 BC, though the date is quite uncertain. Introduced by the magistrate Sextus Aelius, this law greatly expanded the number of civil actions under the jurisdiction of the praetor. Primary sources are Gaius, Institutes 4.30 and Aulus Gellius 16.10.8. See also *Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ... * List of Roman laws References External linksThe Roman Law Library, incl. ''Leges'' Roman law {{AncientRome-law-stub ...
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Roman Citizen
Citizenship in ancient Rome (Latin: ''civitas'') was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance. Citizenship in Ancient Rome was complex and based upon many different laws, traditions, and cultural practices. There existed several different types of citizenship, determined by one's gender, class, and political affiliations, and the exact duties or expectations of a citizen varied throughout the history of the Roman Empire. History The oldest document currently available that details the rights of citizenship is the Twelve Tables, ratified c. 449 BC. Much of the text of the Tables only exists in fragments, but during the time of Ancient Rome the Tables would be displayed in full in the Roman Forum for all to see. The Tables detail the rights of citizens in dealing with court proceedings, property, inheritance, death, and (in the case of women) public behavior. Under the Roman Republic, the government conduc ...
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Urban Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected ''magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his ''castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogations ...
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List Of Roman Laws
This is a partial list of Roman laws. A Roman law (Latin: ''lex'') is usually named for the sponsoring legislator and designated by the adjectival form of his '' gens'' name ('' nomen gentilicum''), in the feminine form because the noun ''lex'' (plural ''leges'') is of feminine grammatical gender. When a law is the initiative of the two consuls, it is given the name of both, with the ''nomen'' of the senior consul first. Sometimes a law is further specified by a short phrase describing the content of the law, to distinguish that law from others sponsored by members of the same ''gens''. Roman laws Post-Roman law codes based on Roman legislation *''lex Romana Burgundionum'' one of the law tables for Romans after the fall of the Western Roman Empire *''lex Romana Visigothorum'' (AD 506) one of the law tables for Romans after the fall of the Western Roman Empire General denominations *''lex agraria'' A law regulating distribution of public lands *''lex annalis'' A law rega ...
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Slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is now outlawed in most countries of the ...
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Creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term credito ...
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Debtor
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower. If X borrowed money from their bank, X is the debtor and the bank is the creditor. If X puts money in the bank, X is the creditor and the bank is the debtor. It is not a crime to fail to pay a debt. Except in certain bankruptcy situations, debtors can choose to pay debts in any priority they choose. But if one fails to pay a debt, they have broken a contract or agreement between them and a creditor. Generally, most oral and written agreements for the repayment of consumer debt - debts for personal, family or household purposes secured primarily by a person's residence - are enforceable. For the most part, debts that are business-related must be made in writ ...
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