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Simple English definitions for legal terms
persecutio
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A quick definition of persecutio:
Persecutio is a Latin term used in Roman law to describe a lawsuit or civil claim. It is a type of legal proceeding called cognitio extraordinaria, which means a trial controlled by a government official from beginning to end. In the past, a magistrate shaped the issues and then turned them over to a lay judge, but in cognitio extraordinaria, the government official controls everything. This type of legal proceeding could settle disputes about private law, criminal law, and even disputes between citizens and government officials.
A more thorough explanation:
Definition: Persecutio (pər-sə-koo-shi-oh) is a Latin term used in Roman law to refer to a lawsuit or civil claim under cognitio extraordinaria. It is a legal proceeding in which a government official controls the conduct of a trial from beginning to end.
Example: A person who has been wronged by another person can file a persecutio to seek justice. For example, if someone has been cheated out of their property, they can file a persecutio to get their property back.
Explanation: The example illustrates how a person can use persecutio to seek justice for a wrong done to them. In this case, the person who has been cheated out of their property can use this legal proceeding to get their property back. The government official controls the trial, and the judgment is given by the emperor or an imperial official acting on behalf of the emperor.
Related term: Cognitio extraordinaria is a type of legal proceeding that is closely related to persecutio. It is a legal proceeding in which a government official controls the conduct of a trial from beginning to end, as opposed to the earlier formulary system in which a magistrate shaped the issues and then turned the issues of fact and law over to a lay judge (a judex).