Simple English definitions for legal terms
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COGNITIO EXTRAORDINARIA: A type of legal proceeding in ancient Rome where a government official controlled the entire trial, instead of a magistrate and a lay judge. This procedure was used for various disputes, including those related to private and criminal law, as well as conflicts between citizens and government officials.
Definition: Cognitio extraordinaria is a type of legal proceeding in Roman law that emerged during the Empire. In this system, a government official controlled the entire trial process, unlike the earlier formulary system where a magistrate shaped the issues and then turned them over to a lay judge. It is sometimes shortened to cognitio.
Example: The cognitio extraordinaria was used to settle disputes of various kinds, including those related to private law, criminal law, and conflicts between citizens and government officials. In this system, the government official acted as both the judge and the prosecutor, and the trial consisted of only one stage.
Explanation: The example illustrates how the cognitio extraordinaria worked in practice. Instead of having a magistrate and a lay judge, the trial was overseen by a government official who had complete control over the proceedings. This system was used to settle a wide range of disputes, including those involving private law and criminal law, as well as conflicts between citizens and government officials.