Legal Definitions - in modum assisae

In modum assisae is a Latin legal phrase that translates to "in the manner or form of an assize." Historically, an "assize" referred to a type of formal court session, often involving a jury, convened to hear and decide cases. Therefore, when something is done in modum assisae, it means the process is conducted with the formality, structure, and often the deliberative judgment characteristic of a traditional court trial, particularly one involving a jury's determination. It implies a structured inquiry or decision-making process that mirrors the solemnity and procedural rigor of a judicial proceeding.

• Example 1: In a historical account, a powerful baron needed to settle a complex dispute over inheritance between two rival families. Instead of simply issuing a decree, he convened a council of local landowners and respected elders. Both families presented their claims, witnesses were heard, and the council deliberated extensively before delivering a collective judgment.

  This illustrates in modum assisae because the baron chose a formal, structured process involving a deliberative body (the council) to hear evidence and render a judgment, much like a court of assize would operate, rather than making an arbitrary decision.

• Example 2: A large professional organization is investigating allegations of ethical misconduct against one of its senior members. To ensure fairness and impartiality, the organization establishes a special tribunal composed of independent experts. This tribunal follows strict procedural rules: evidence is formally presented, the accused member is given the opportunity to cross-examine witnesses and present a defense, and the tribunal then retires to deliberate before issuing a formal finding.

  Here, the investigation is conducted in modum assisae because it adopts the formal, structured, and deliberative process of a judicial inquiry, complete with evidence presentation, defense, and a collective judgment by a panel, mirroring the characteristics of an assize court.

• Example 3: During the early development of common law, certain legal actions to determine the rightful ownership of land were not decided by a single judge but by a sworn jury of local men who were presumed to have knowledge of the facts. These proceedings involved formal presentations of claims and evidence to the jury, who would then collectively render a verdict.

  This historical legal procedure was conducted in modum assisae because it explicitly followed the established formal method of an assize, relying on the collective judgment of a jury to ascertain the truth and deliver a binding decision regarding property rights.