Legal Definitions - probus et legalis homo

Probus et legalis homo is a Latin phrase that translates to "a good and lawful man." In historical legal practice, this term specifically referred to an individual who was considered legally qualified and competent to serve as a juror. It signified that the person met all the necessary legal requirements and possessed the moral standing and impartiality expected to fairly hear evidence and render a verdict.

Here are some examples illustrating the concept of a probus et legalis homo in the context of jury service:

• Imagine a scenario during jury selection for a criminal trial. A potential juror reveals during questioning that they were recently convicted of a serious felony, such as embezzlement, and are currently on probation. In many legal systems, individuals with felony convictions are legally disqualified from serving on a jury. This person would not be considered a probus et legalis homo because their past conviction renders them legally incompetent to fulfill the duties of a juror, regardless of their current personal character.

• Consider a civil lawsuit involving a dispute between two businesses. One of the potential jurors is the chief financial officer of a company that is a direct competitor of one of the parties involved in the lawsuit. Even if this individual is generally a law-abiding citizen, their professional connection and potential for financial bias would likely lead to their disqualification. They would not be considered a probus et legalis homo in this specific context because their impartiality, a crucial aspect of being "good and lawful" as a juror, would be compromised by their vested interest.

• Suppose a potential juror is called for duty but has a severe hearing impairment that would prevent them from clearly understanding witness testimony or the judge's instructions, even with assistive devices. While they might be an otherwise upstanding member of the community, their physical inability to fully comprehend the proceedings would make them legally incompetent to serve effectively. Therefore, they would not meet the standard of a probus et legalis homo for jury service, as they cannot properly perform the required duties of listening and evaluating evidence.