Legal Definitions - ordo judiciorum

Ordo judiciorum is a Latin term that refers to the established procedural rules or sequence of steps that governed how cases were heard and decided, particularly within historical ecclesiastical (church) courts. It describes the prescribed order of judgments and the specific process that had to be followed from the initial presentation of a case through to its final resolution.

Here are some examples to illustrate this concept:

• Example 1: Medieval Church Court Dispute

  Imagine a dispute in a medieval church court concerning a claim of heresy against a local priest. The ordo judiciorum for such a serious matter might have dictated a very specific sequence: first, a formal written accusation had to be submitted to the bishop; second, the accused priest would be summoned to appear and formally respond to the charges; third, witnesses for both the accuser and the defense would be called and their testimonies recorded according to a set protocol; fourth, the court would deliberate, often consulting specific church canons and previous rulings; and finally, a formal judgment would be pronounced, which might include penance or excommunication, and then meticulously recorded in the court's register.

  This detailed, step-by-step process, from the initial complaint to the final judgment and its recording, exemplifies the ordo judiciorum because it outlines the precise, prescribed order in which the case was to be heard and decided.

• Example 2: Modern University Disciplinary Hearing

  Consider a modern university's established procedure for handling a student accused of plagiarism. While not called ordo judiciorum, the underlying principle is similar. The university's rules might require: 1) a faculty member to submit a formal written report of the alleged misconduct; 2) the student to be notified in writing and given an opportunity to respond; 3) a hearing before a disciplinary committee where both the faculty member and the student can present evidence and witnesses; 4) the committee's private deliberation based on the evidence presented; and 5) a written decision communicated to the student, outlining any penalties and the process for appeal.

  This structured sequence of actions, from the initial accusation to the final decision and potential appeal, demonstrates the concept of a prescribed "order of judgments" or a rule governing how such a case is heard and resolved.

• Example 3: International Commercial Arbitration

  In international commercial arbitration, when two companies from different countries have a dispute, they often agree to follow a specific set of procedural rules, such as those from the International Chamber of Commerce (ICC). These rules establish a clear ordo judiciorum for the arbitration process: 1) the claimant files a Request for Arbitration; 2) the respondent submits an Answer to the Request; 3) an arbitral tribunal is appointed; 4) the parties exchange detailed statements of claim and defense, along with supporting documents; 5) oral hearings are scheduled for legal arguments and witness testimony; 6) the tribunal deliberates; and 7) a final arbitral award is issued, which is legally binding.

  The entire framework of these arbitration rules, which dictates the sequence of submissions, hearings, and decisions, serves as the ordo judiciorum for resolving the commercial dispute, ensuring a structured and predictable path to judgment.