Legal Definitions - stultiloquium

Stultiloquium is a historical legal term that refers to a legal pleading or argument presented in court that was considered foolish, frivolous, or without serious purpose. In historical legal practice, such a submission could be penalized with a fine because it wasted the court's time and resources. Essentially, it describes a situation where a party or their attorney presented arguments that were clearly nonsensical, irrelevant, or lacked any genuine legal basis.

• Example 1: The Irrelevant Defense

  Imagine a historical court case where a defendant, accused of failing to pay a debt, submits a formal defense document arguing that the plaintiff's astrological sign makes them untrustworthy, and therefore all contracts they enter into are invalid. This argument has absolutely no connection to the legal principles governing debt or contracts.

  How it illustrates stultiloquium: This defense would be considered a stultiloquium because it is utterly foolish and irrelevant to the legal matter at hand. It serves no legitimate legal purpose and would have wasted the court's time, making the defendant liable for a fine.

• Example 2: The Complaint of Personal Grievances

  Consider a plaintiff in a historical lawsuit who files a complaint seeking damages, but instead of outlining specific legal claims and facts, the document is filled with long, rambling personal attacks against the defendant's fashion sense, irrelevant anecdotes about their pet, and complaints about unrelated local gossip.

  How it illustrates stultiloquium: This complaint would be a stultiloquium because it lacks the necessary legal substance and focuses on frivolous, non-legal matters. It fails to present a coherent legal argument and would have been seen as an abuse of the court process, warranting a fine.

• Example 3: The Delaying Tactic

  In a property dispute from centuries ago, one party's attorney repeatedly files motions and makes oral arguments asserting that the property lines are actually defined by the flight patterns of local birds, despite clear legal deeds and surveys. These arguments are made purely to delay the proceedings and frustrate the opposing party, with no genuine belief in their legal validity.

  How it illustrates stultiloquium: The attorney's actions constitute stultiloquium because they involve presenting arguments that are patently foolish and lack any legal foundation, solely for an improper purpose (delay). Such frivolous conduct would have historically been subject to a fine to maintain the decorum and efficiency of the court.