Themes of Disputed Law

...claim. original: "clama." - this word completes the sentence begun on the previous page regarding legal claims. 4. Eclogues 3. Zanger on exceptions part 2, chapter 1, number 284. What if the matter concerns a mobile thing Personal property that can be moved, such as livestock or goods, as opposed to "immobile" real estate.? See Arumæus, Disputations on the principal laws 8, Thesis 4.

6. Everyone ought to be sued in the place where they entered into a contract: this holds true if they are also found in that same place; for there is no place for the transfer of defendants in matters of contracts. Gail, 1st Observation 36, number 14, and on Public Peace 16, number 32. Coler on the Executory Process, chapter 1, number 38. See Justin Meier, Pandect Disputations 5, Thesis 223 and several following.

7. If certain parties submit themselves to a jurisdiction and consent to a person who holds jurisdiction, it is a valid jurisdiction: so says Ulpian in the 1st law of this title. However, as the form of the State has changed today, and jurisdiction has been granted to each State individually by right of inheritance original: "jure patrimonii"; referring to the feudal or territorial rights of local princes in the Holy Roman Empire, I would think that prorogationThe legal agreement by parties to accept the jurisdiction of a court that would not otherwise have legal authority over them. should cease. See Arumæus, Disputations on the Principal Laws 7, Thesis 2; Vultejus, Civil Law, on jurisdiction, law 1, number 118.

8. One summoned by a Praetor A Roman judicial officer; in this context, the term refers to any presiding judge or magistrate., if it is doubted whether they fall under his jurisdiction, ought to appear. Law 5 of this title, where Busius comments. But if it is established afterward that the person is not under the jurisdiction of the one summoning them, and the Praetor nevertheless continues to render judgment: they may disobey without punishment. Based on the argument in the last law of jurisdiction; Alberto de Rosate on the said Law 5. See Speck, 1, question 58. Indeed, he who drags someone into a forbidden examination loses the case. Law regarding criminals, Code on jurisdiction; Trentacinque, 2, title on judicial resolutions, 8.

9. A judge cannot be younger than eighteen years old. Law 57 on the matter of judged cases. Bronchorst, Contradictions original Greek: "ἐναντ." (enantiophanon), referring to a work on legal contradictions or opposing views. 1, chapter 65. Cuiacius, 17th Observation, 30. Arumæus, Disputations on the Laws 7, Thesis 7. Likewise, a blind person cannot be elected as a judge. Contrary to Duarenus; Busius on Law 12, number 6 of this title. Robert, 3rd Sentences 23. Donellus, 17th Commentaries 24. See the most distinguished Rutger Ruland, Tract on Commissions 1, chapter 29, number 4. Matthias Stephani, 1st on jurisdiction, chapter 17, number 24.

10. Formerly, even those appointed as judges could be unskilled in the law. Busius on Law 14, number 8 of this title. See Cuiacius on Novel 82, and book 23, Observation 40. Coras, 5th Miscellaneous 19. Robert, 3rd Sentences 3. Hotoman, Illustrious Questions 26. Vultejus, Disceptations 8. Arumæus, Disputation 7, Thesis 8.

11. An ordinary judge cannot be rejected as "suspect" A motion for recusal based on a judge's potential bias or personal interest.. Busius, 3rd Subtleties, chapter 10. Gail, 1st Observation 33. Menochio, Arbitrary Judgments, case 458. See Arumæus, Disputation 7, Thesis 10. But even a Prince is not able to delegate a judge with the power of recusal removed. Mynsinger, 3rd Observation 63. Gail, in the said observation 33, number 4. However, the exception by which a judge is recused (being a dilatory exceptionA defense intended to delay the proceedings or challenge the process rather than defeat the legal claim itself.) is raised in vain after the joinder of issue original: "post litem contestatam"; the point in a trial where the parties have formally declared their positions and the issues are fixed for the judge.. Cuiacius, 9th Observation 23. Covarrubias, Practical Questions 26, number 2. But not after other dilatory exceptions have been made. Arumæus, in the said Disputation 7, Thesis 12.

12. No one can be a judge in their own cause. Sole law, Code on "lest anyone be a judge in their own cause." Trentacinque, 2, title on judicial resolutions, 5. As well as in the cause of their own family. Law regarding those under jurisdiction, where Busius comments on jurisdiction. See Arumæus, Disputation 7, Thesis 16. Lyclama, 5th Eclogues 5.

Title 2. 13. We ascribe the Complaint of an Undutiful Will The Querela inofficiosi testamenti was a Roman legal action for close relatives (like children) who were unjustly disinherited, essentially arguing the will was "undutiful" to family obligations. to custom, following Donellus, 19th Commentaries 4. See Viglius on section 2, number 6 of the Institutes here, and on section 5, number 7 of the Institutes on pupillary substitution. Cuiacius, 2nd Observation 21.