Legal Definitions - inquisitio

inquisitio

Inquisitio is a Latin term referring to a formal, official inquiry or investigation. Historically, it described a process where an authority systematically sought out facts, evidence, or information to establish truth, determine responsibility, or clarify a situation. While the direct Latin term is less common in modern legal discourse, its underlying concept of a structured, authoritative fact-finding mission is present in various contemporary legal and administrative processes.

• Government Commission: After a major bridge collapse, the national government establishes a special commission. This commission's role is to conduct a thorough inquisitio into the causes of the collapse, examine engineering reports, interview witnesses, and assess the maintenance practices of the responsible authorities. The commission's final report will detail its findings and recommend measures to prevent future incidents.
  • Explanation: This government commission acts as an inquisitio because it is a formal, official body tasked with systematically investigating a specific event, gathering evidence, and establishing facts to determine responsibility and inform future policy.
• Professional Conduct Board: A state bar association receives a complaint alleging ethical misconduct by a licensed attorney. The association's professional conduct board initiates a formal inquisitio, reviewing client files, interviewing the attorney and complainants, and examining relevant legal precedents to determine if the attorney violated professional rules.
  • Explanation: This formal investigation by the professional conduct board is an inquisitio. It represents an official process undertaken by an authoritative body to systematically inquire into allegations, collect facts, and determine if professional standards were breached, ultimately leading to a decision regarding the attorney's license or standing.

inquisitio post mortem

Inquisitio post mortem is a specific Latin term meaning "inquiry after death." Historically, it referred to an official investigation conducted after a person's death, primarily to determine what lands or property the deceased owned, who their legal heirs were, and what feudal dues or taxes might be owed to the Crown. This was crucial for establishing succession and ensuring the proper transfer of property and obligations.

• Historical Land Succession: In medieval England, upon the death of a wealthy landowner who held property directly from the Crown, a royal official would conduct an inquisitio post mortem. This involved summoning a jury to ascertain the exact extent of the deceased's estates, their value, the identity of the rightful heir, and the heir's age, all to ensure that feudal obligations like wardship or relief were correctly assessed and paid to the king.
  • Explanation: This official investigation after the landowner's death is a direct example of an inquisitio post mortem. Its purpose was specifically to determine the deceased's property holdings and legal succession, which was vital for the Crown to manage feudal rights and revenues.