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Simple English definitions for legal terms
lex praetoria
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A quick definition of lex praetoria:
LEX PRAETORIA: Lex praetoria is a type of law that was used in ancient Rome. It was created by the praetor, who was a judge. This law was used in a court of equity, which means a court that tries to be fair and just. The lex praetoria was a set of rules that the judge would use to make decisions in these courts.
A more thorough explanation:
Definition: Lex praetoria is a Latin term that refers to the law laid down in the praetor's edict in Roman law. It is also the applicable rules in a court of equity in history.
1. In Roman law, the lex praetoria was used to supplement the existing laws and provide relief in cases where the law was insufficient. For example, if a person was wronged but there was no specific law to address their situation, the praetor could use his discretion to create a new law to provide justice.
2. In a court of equity, the lex praetoria refers to the principles and rules that guide the judge's decision-making process. For example, if a person is seeking an injunction to stop someone from doing something, the judge will consider the principles of fairness and equity in deciding whether to grant the injunction.
These examples illustrate how the lex praetoria was used in different contexts to provide justice and fairness in the legal system.