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1. Roman Civil Procedure
2. The Passive - practice
Today’s session:
Roman Civil Procedure
Unit 11
Work in pairs to answer the following questions:
1. What is Roman Law?
2. Why is Roman Law studied still today?
Roman Law
the period covers roughly 1,000 years, from
cca 449BC to 530AD
starting and ending with principal legal
documents:◦ the Law of the Twelve Tables
◦ the Corpus Juris Civilis
Roman Law
continued to be applied in some form in European
countries formerly part of the Empire, but also in
others
however, underwent changes through centuries
brought about the development of the continental
civil law system, which is in place still today in the
vast majority of European countries
Roman Law
another legacy of Roman law ◦ law developed as a science
emergence of jurists – legal scientists
jurists gave legal opinions, assisted in drafting legislation, provided legal advice to individuals and those in charge of administering justice, developed legal concepts (contract, tort, legal action, public and private law, etc.)
Roman Law
The Law of the Twelve Tables the first legal text of which there is any
record conceived by the patricians as the first legal
code to be applied against the plebeians regulated rights and obligations with regard
to civil procedure, debt, family relations, marriage, inheritance, property, torts, funerals, crimes and constitutional principles
the original text not preserved
Roman Law
The Law of the Twelve Tables not a complete and coherent system of
rules, but a set of provisions amending the existing customary law
its aim was to prevent magistrates from applying the law in an arbitrary way
mostly pertains to civil procedure and private law
Roman Law
Corpus Juris Civilis (‘Body of Civil Law’) 529-534, Byzantine Emperor Justinian I
brings order into the mass of Roman law
compiles Roman constitutions, statutes from the republic and the early empire, and decrees issued by the Senate
Roman Law
Corpus Juris Civilis (‘Body of Civil Law’) 529-534, Byzantine Emperor Justinian I
also includes simplified legal writings by Roman jurists, and
ordinances issued by Justinian during his reign
Roman Law
KEY PERSONS INVOLVED
magistrate – a civil officer with executive and judicial powers
praetor – a type of magistrate with varying duties, among which to adminsiter justice (judicial magistrate)
judex, judices – a private person appointed to hear and determine a case (corresponding to a modern referee or arbitrator appointed by the court); in later Empire – an official
proctor – a person appointed to represent a party, similar to attorney
Roman Civil Procedure
a two-stage procedure◦ a preliminary hearing (in jure)◦ the trial (in judicio)
the content of the stages changed slightly with time
Roman Civil Procedure
STAGE ONE – in jure
plaintiff presents a case before a magistrate (praetor)
praetor decides whether action should be allowed
if allowed – issues to be tried are framed and judices (triers) appointed for the ‘in judicio’ stage
Roman Civil Procedure
STAGE ONE – in jure
the praetor approved the formula written by the plaintiff’s proctor
the formula included the legal remedy which was to be ordered by the judex if the case was decided in favour of the plaintiff
the plaintiff could have been made to alter the contents of the formula
in any event, the defendant had to agree to the formula before the procedure could continue in judicio
Roman Civil Procedure
procedural contract – the parties agreed to abide by the decision of the judex
in later empire◦ judex an official, not a lay person◦ no formal procedural contract◦ some issues not tried but taken for facts based on
the oath of a party
Roman Civil Procedure
speeches and presentation of evidence
orators speak on behalf of each party
a party could also speak for themselves
this stage took place in the forum
Roman Civil Procedure
Still later, basilicas ……… around the forum ……… for the trial of civil cases, while state trials ……… to be held in the forum. Literally, the word basilica means a royal hall, i.e. a hall in which the king sits to do justice. As the matters coming before tribunals ……… more complicated and as permanent judges ……… to sit in them, the old open air trials ……… obsolete and the trials ……… in a basilica.
Put the verbs in the correct form (active or passive)
become – begin – build -continue – hold - use
Rewrite the following sentences so that they start with the words printed in red. The rewritten sentences must also be in passive voice.
The Passive - practice
1. It was allowed that the praetor settle the formula or set of instructions to the judex.
2. It was expected that the court refer some particular point to the oath of a party, leaving other issues to be tried.
3. It was claimed that the orators frequently made separate set speeches. (Perfect!)
4. It was believed that the court was tired by going over the same ground.
5. It was proved that the proceeding in judicio took place in the forum. (Perfect!)
The Passive - practice
Thank you for your attention!
