Legal Definitions - in jus vocare

In jus vocare is a Latin legal term originating from ancient Roman law. It refers to the act of formally calling or summoning an individual to appear before a court or legal authority to answer a complaint or accusation. Essentially, it describes the process of initiating legal proceedings by compelling the presence of the person against whom a claim is made.

• Example 1: In ancient Rome, if a citizen believed another had wronged them, they would personally perform in jus vocare by notifying the accused, often in the presence of witnesses, that they were required to appear before a praetor (a Roman magistrate) on a specific day to address the grievance. For instance, if Marcus believed Lucius owed him money, Marcus would formally summon Lucius to court.

  Explanation: This illustrates the historical application where the accuser directly initiated the legal process by formally compelling the defendant's presence in court to answer a claim.

• Example 2: Imagine a modern-day civil dispute where a homeowner discovers that a contractor failed to complete agreed-upon repairs. The homeowner's attorney would file a lawsuit and arrange for a process server to deliver a summons to the contractor, legally compelling them to appear in court to respond to the breach of contract claim.

  Explanation: While the specific procedures have evolved, this act of formally delivering a document that legally requires the contractor (the defendant) to appear in court to answer a civil complaint is the modern equivalent of in jus vocare.

• Example 3: Consider a situation where a local government agency believes a business has violated zoning regulations by operating outside its permitted hours. The agency would issue a formal notice, often called a summons or a citation, requiring a representative of the business to appear before an administrative court or tribunal to address the alleged violations and present their defense.

  Explanation: Here, the government agency is performing the act of in jus vocare by formally summoning the business (as the defendant) to a legal forum to answer charges and participate in the legal process.