Simple English definitions for legal terms
Read a random definition: cognitionis causa tantum
Term: OBTORTO COLLO
Definition: Obtorto collo means "dragged by the neck" in Latin. In Roman law, if a plaintiff wanted to sue someone who was not present, they had to physically bring them to court by dragging them by the neck. This was called obtorto collo.
OBTORTO COLLO
Obtorto collo is a Latin term used in Roman law which means "dragged by the neck". It refers to the situation where a plaintiff had to bring a defendant to court by force because the defendant was absent and could not be sued.
For example, if someone owed you money but refused to come to court, you might have to physically drag them to court by their neck (obtorto collo) in order to get justice.
Another example could be if a witness was unwilling to testify in court, they could be brought in by force, or obtorto collo, to give their testimony.
The examples illustrate the definition of obtorto collo by showing how it was used in Roman law to bring absent defendants or unwilling witnesses to court. It was a way to ensure that justice was served, even if the person involved did not want to participate in the legal process.