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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - subsellia
Definition of subsellia
Subsellia refers to the designated seating areas in a Roman court that were typically occupied by individuals directly involved in a legal proceeding, such as the parties to a dispute or their witnesses. These seats were distinct from the elevated positions reserved for the judges or magistrates who presided over the court.
Here are some examples to illustrate the concept of subsellia:
Imagine a dispute over a contract in ancient Rome. The two citizens involved, one claiming a breach and the other defending against it, would both be seated in the subsellia. They would present their arguments and evidence from these lower seats, while the praetor (a type of magistrate acting as a judge) would observe and rule from a higher, more prominent tribunal.
This illustrates subsellia as the place for the primary parties to a case, distinguishing their position from that of the presiding legal authority.
Consider a criminal trial where a Roman citizen is accused of theft. Several individuals are called to testify about what they witnessed. Before and after giving their statements, these witnesses would occupy seats within the subsellia. Their presence in these specific seats would mark them as participants in the proceedings, but not as members of the judicial panel.
This example highlights how witnesses, crucial to the legal process but not presiding over it, would be seated in the subsellia.
In a complex inheritance case, a wealthy Roman family might hire a skilled orator to represent their interests. This orator, acting as a legal advocate, would address the court from a position within the subsellia. Their arguments would be directed towards the magistrates seated on the tribunal, emphasizing the hierarchical arrangement of the courtroom.
Here, the subsellia serves as the location for legal representatives who advocate on behalf of the parties, again distinct from the elevated judicial bench.
Simple Definition
In Roman law, subsellia were the lower seats found within a courtroom. These positions were typically occupied by the parties involved in a case or their witnesses, distinguishing them from the higher seat reserved for the tribunal.