Legal Definitions - narratio

Narratio is a historical legal term that refers to the initial statement made by a plaintiff (the person bringing a lawsuit) in a legal case. It was essentially the plaintiff's story or account of the facts and legal arguments upon which their claim was based. Historically, this could be an oral presentation or a written document, such as a formal complaint or petition, that clearly laid out the reasons for the lawsuit. It was the foundational step where the plaintiff presented their version of events and explained why they believed they were entitled to legal relief. The term has also been historically referred to as a "conte" or "tale."

• Example 1 (Historical Oral Presentation):

  Imagine a medieval English court. A farmer, John, believes his neighbor, Thomas, has unfairly diverted a stream, causing John's crops to wither. John's legal representative stands before the court and begins to speak, detailing how the stream historically flowed, when and how Thomas altered its course, the resulting damage to John's fields, and why, according to local custom and law, Thomas's actions are unlawful. This entire oral presentation, setting out the facts and the legal basis for John's claim, would be considered the narratio.

• Example 2 (Historical Written Complaint):

  Consider a situation in a 17th-century court where a merchant, Sarah, is suing a supplier for failing to deliver goods as per their contract. Before the trial begins, Sarah's lawyer submits a formal written document to the court. This document meticulously describes the agreement made between Sarah and the supplier, the specific goods that were to be delivered, the date of non-delivery, the financial losses Sarah incurred as a result, and the specific legal principles that entitle her to compensation. This detailed written statement, outlining the factual basis and legal arguments for her claim, serves as the narratio.

• Example 3 (Modern Functional Analogy):

  While the term "narratio" is no longer commonly used in modern legal practice, its fundamental function persists. Think of a modern civil lawsuit where a person is suing a company for a faulty product. The very first document filed with the court is typically called a "complaint." This complaint contains sections that describe who the parties are, what happened (e.g., the product malfunctioned, causing injury), how the company is legally responsible (e.g., negligence, breach of warranty), and what the plaintiff is asking for (e.g., monetary damages). This initial, comprehensive statement of facts and legal claims, though called a "complaint" today, performs the same essential function as a historical narratio: it tells the plaintiff's story and lays the groundwork for the legal action.