Legal Definitions - forma et figura judicii

Forma et figura judicii is a Latin legal phrase that historically refers to the required 'form and shape of judgment.' In modern legal contexts, it signifies the specific, legally mandated structure, procedure, or content that a legal decision, order, or process must follow. It emphasizes that a judgment or legal action is not merely a conclusion but must be presented and arrived at in a particular way prescribed by law, often by statute or court rules, to be valid and enforceable.

Here are some examples to illustrate this concept:

• Criminal Sentencing Order: When a judge sentences a defendant after a conviction, the sentence is not simply a verbal pronouncement. The court must issue a formal, written sentencing order. This document typically includes specific details such as the exact charges, the legal statutes violated, the duration of the sentence, any fines, conditions of probation or parole, and often the legal reasoning supporting the sentence. This precise, structured document, mandated by criminal procedure rules, represents the forma et figura judicii for a criminal judgment, ensuring clarity, due process, and a clear record for appeals.

• Final Judgment in a Civil Lawsuit: After a trial or settlement in a civil case, such as a contract dispute or personal injury claim, the court issues a final judgment. This judgment is not an informal note; it must be a formal written document, often titled "Judgment" or "Order of Final Judgment." It clearly states who won, what relief is granted (e.g., a specific monetary award, an order to perform or cease an action), and which party is responsible for court costs. This document must be signed by the judge and formally entered into the court record, following specific procedural rules. This prescribed format ensures the judgment is legally binding, enforceable, and provides a definitive record of the court's decision.

• Administrative Agency's Decision on a Permit Application: If a government agency, such as an environmental protection agency, denies a company's application for a new factory permit, its decision cannot be an informal rejection. The agency is typically required by administrative law to issue a formal written order. This order must include specific elements like findings of fact (what evidence was considered), conclusions of law (how the relevant statutes and regulations apply to those facts), and a clear statement of the agency's final decision. This structured format, often mandated by administrative procedure acts, constitutes the forma et figura judicii for such an administrative determination, ensuring transparency, accountability, and providing a basis for any potential judicial review or appeal.