Simple English definitions for legal terms
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Term: LEX APPARENS
Definition: Lex apparens is a legal process from the past where a person could not summon someone for trial by ordeal or wager of battle until they had established a clear or apparent right through testimony. This was often used in cases of dispute over property or other rights. It was a way to ensure that the plaintiff had a strong case before proceeding with a trial.
Another related term is lex Apuleia, which was a Roman law that allowed a guarantor who had paid more than their share of a debt to seek reimbursement from the remaining guarantors.
Definition: Lex apparens is a legal term that refers to the legal processes of trial by ordeal or wager of battle. It was used in the past to establish a clear or apparent right through testimony before summoning the defendant for trial.
Example: In medieval times, if someone accused another person of a crime, they could not simply take them to court. Instead, they had to prove their case through trial by ordeal or wager of battle. For example, in trial by ordeal, the accused would have to undergo a painful or dangerous test, such as holding a red-hot iron or walking on hot coals. If they survived, they were considered innocent. If they died, they were considered guilty.
Definition: Lex Apuleia is a Roman law that gave a co-guarantor, who had paid more than their share of debt, the right to seek reimbursement from the remaining guarantors.
Example: Imagine that three people co-signed a loan for a friend. One of the co-signers paid more than their share of the debt, while the other two did not contribute as much. Under the lex Apuleia, the co-signer who paid more would have the right to seek reimbursement from the other two co-signers for their fair share of the debt.