Legal Definitions - loquela

Loquela is a historical legal term that refers to the verbal exchanges and discussions that took place between parties involved in a lawsuit.

It primarily encompassed two meanings:

• The initial oral presentations and counter-arguments made by litigants to a court, which served to define the core issues of the dispute before the development of formal written pleadings.
• Discussions between parties aimed at resolving a legal conflict outside of a full trial, similar to what are now called settlement negotiations.

Here are some examples to illustrate the historical application of loquela:

• Imagine a dispute in a medieval English court where a villager accused another of stealing livestock. Before any documents were drafted, the accuser would stand before the judge and verbally state their complaint, detailing the alleged theft. The accused would then verbally present their defense, perhaps claiming mistaken identity or prior ownership. This entire process of oral claims and counter-claims, which established the fundamental disagreement for the court, would have been referred to as loquela.

  This example illustrates the first meaning of loquela, where the initial "talk" between parties and the court orally defined the legal issues at stake before the advent of written pleadings.

• Consider two noble families in the 16th century who were embroiled in a disagreement over inheritance rights. Rather than immediately escalating to a formal court battle, representatives from both families might have met privately, perhaps with a neutral mediator, to discuss their respective claims and explore potential compromises. Their verbal negotiations, proposals, and counter-proposals, all aimed at reaching an amicable resolution without judicial intervention, would have been considered loquela.

  This example demonstrates the second meaning of loquela, referring to the verbal discussions and negotiations undertaken by parties to settle a dispute outside of a formal trial.