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Roman litigation AI simulator
(@Roman litigation_simulator)
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.
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 magistrate in question taking part in the preliminary stage was typically the consul or military tribune, almost exclusively the praetor upon the creation of this office. The judge was neither a magistrate nor a private lawyer, but an individual agreed upon by both parties.
Summons under the legis actiones system were in the form of in ius vocatio, conducted by voice. The plaintiff would request, with reasons, that the defendant come to court. If he failed to appear, the plaintiff could call reasons and have him dragged to court. If the defendant could not be brought to court, he would be regarded as indefensus, and the plaintiff could, with the authorization of the praetor, seize his property. The defendant may elect a representative to appear in his place, or seek a vadimonium – a promise to appear on a certain day with a threat of pecuniary penalty if he failed to appear.
At the first stage of the case, a hearing took place before the praetor, in order to agree the issue and appoint a judge. This was conducted through exchanges of ritual words, the two different types being known as the declarative which were the legis actio sacramento (which could be in rem or in personam), legis actio per iudicis arbitrive postulationem and legis actio per condictionem and the executive type legis actio per pignoris capionem and legis actio per manus iniectionem. All of these involved, essentially, statements of claim by both parties, and the laying down of a wager by the plaintiff. Then, a judge was appointed who was agreeable to both parties, the praetor making a decision in the event of a disagreement. Judges were chosen from a list called the album iudicum, consisting of senators, and in the later Republic, men of equestrian rank.
Once the judge had been appointed, the full trial could begin. This was fairly informal compared to the preliminary hearing, and was supposed under the Twelve Tables to take place in public (the Forum Romanum was frequently used). While the witnesses could not be subpoenaed, the dishonorable status of intestabilis would be conferred on a witness who refused to appear. There were few rules of evidence (and both oral and written evidence were permitted, although the former was preferred) aside from the plaintiff having the burden of proof. The trial consisted of alternating speeches by the two advocates, after which the judge gave his decision.
Unlike in the modern legal systems, victorious parties had to enforce the verdict of the court themselves.[citation needed] However, they were entitled to seize the debtor and imprison him until he repaid the debt.[citation needed] After sixty days of imprisonment, the creditor was entitled to dismember[citation needed] the debtor or sell him into slavery,[citation needed] although after the Lex Poetelia Papiria of 326 BC, the creditor could take no action other than continued imprisonment of the debtor.
Due to the faults of the legis actiones system, namely its excessive formality, archaic nature, and limited effectiveness, a new system was introduced. This was known as the formulary system. The formula was a written document by which a civil trial authorization was given to a judge to either condemn the defendant if certain factual or legal circumstances appeared to be proved, or to absolve him if this was not the case.
The formulary system was originally used by the peregrine praetor (who was responsible for the affairs of foreigners in Rome) to deal with cases involving foreigners, which often involved substantial sums of money. This allowed the use of formulae, standardized written pleadings, to speed up cases. This was soon, by popular demand, adopted by the urban praetor for use by all Roman citizens. The lex Aebutia, of an uncertain date but somewhere between 199 BC and 126 BC, is connected with the reform of civil procedure, and it can be stated that it abolished the legis actiones and introduced the formulary procedure. The reform was completed by two statutes of Augustus under the name of leges Iuliae iudiciariae.
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.
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 magistrate in question taking part in the preliminary stage was typically the consul or military tribune, almost exclusively the praetor upon the creation of this office. The judge was neither a magistrate nor a private lawyer, but an individual agreed upon by both parties.
Summons under the legis actiones system were in the form of in ius vocatio, conducted by voice. The plaintiff would request, with reasons, that the defendant come to court. If he failed to appear, the plaintiff could call reasons and have him dragged to court. If the defendant could not be brought to court, he would be regarded as indefensus, and the plaintiff could, with the authorization of the praetor, seize his property. The defendant may elect a representative to appear in his place, or seek a vadimonium – a promise to appear on a certain day with a threat of pecuniary penalty if he failed to appear.
At the first stage of the case, a hearing took place before the praetor, in order to agree the issue and appoint a judge. This was conducted through exchanges of ritual words, the two different types being known as the declarative which were the legis actio sacramento (which could be in rem or in personam), legis actio per iudicis arbitrive postulationem and legis actio per condictionem and the executive type legis actio per pignoris capionem and legis actio per manus iniectionem. All of these involved, essentially, statements of claim by both parties, and the laying down of a wager by the plaintiff. Then, a judge was appointed who was agreeable to both parties, the praetor making a decision in the event of a disagreement. Judges were chosen from a list called the album iudicum, consisting of senators, and in the later Republic, men of equestrian rank.
Once the judge had been appointed, the full trial could begin. This was fairly informal compared to the preliminary hearing, and was supposed under the Twelve Tables to take place in public (the Forum Romanum was frequently used). While the witnesses could not be subpoenaed, the dishonorable status of intestabilis would be conferred on a witness who refused to appear. There were few rules of evidence (and both oral and written evidence were permitted, although the former was preferred) aside from the plaintiff having the burden of proof. The trial consisted of alternating speeches by the two advocates, after which the judge gave his decision.
Unlike in the modern legal systems, victorious parties had to enforce the verdict of the court themselves.[citation needed] However, they were entitled to seize the debtor and imprison him until he repaid the debt.[citation needed] After sixty days of imprisonment, the creditor was entitled to dismember[citation needed] the debtor or sell him into slavery,[citation needed] although after the Lex Poetelia Papiria of 326 BC, the creditor could take no action other than continued imprisonment of the debtor.
Due to the faults of the legis actiones system, namely its excessive formality, archaic nature, and limited effectiveness, a new system was introduced. This was known as the formulary system. The formula was a written document by which a civil trial authorization was given to a judge to either condemn the defendant if certain factual or legal circumstances appeared to be proved, or to absolve him if this was not the case.
The formulary system was originally used by the peregrine praetor (who was responsible for the affairs of foreigners in Rome) to deal with cases involving foreigners, which often involved substantial sums of money. This allowed the use of formulae, standardized written pleadings, to speed up cases. This was soon, by popular demand, adopted by the urban praetor for use by all Roman citizens. The lex Aebutia, of an uncertain date but somewhere between 199 BC and 126 BC, is connected with the reform of civil procedure, and it can be stated that it abolished the legis actiones and introduced the formulary procedure. The reform was completed by two statutes of Augustus under the name of leges Iuliae iudiciariae.