Administrative courts of Nova Roma - Revision history

Decimus Aurelius Ingeniarius: Adding link to album record.

2025-12-25T19:06:16Z

Adding link to album record.

← Older revision		Revision as of 19:06, 25 December 2025
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		+	All court records are documented in the [[Album Publicum Iudiciorum Novae Romanae]], in accordance with the [[Edicta_MMDCCLXXVIII#Edictum_Paetoris\|Edictum Paetoris]].

Decimus Aurelius Ingeniarius: minor link fixes.

2024-01-01T11:26:54Z

minor link fixes.

Decimus Aurelius Ingeniarius: Updates

2023-01-26T05:29:02Z

Updates

← Older revision		Revision as of 05:29, 26 January 2023
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	:*Cultural and festival management Administrative Court cases. Controversies regarding the official autonomous or allied gladiatorial reenactment groups and similar official ''circensic'' societies of Nova Roma, management decisions regarding the content and the rights and interests of the organizers and participants of the cultural programs and festivals of Nova Roma, disputes between organizers and participants of these programs that do not belong under any paragraph of the lex Salvia poenalis or to one of the cases which are assigned to the praetorian court in other laws.		:*Cultural and festival management Administrative Court cases. Controversies regarding the official autonomous or allied gladiatorial reenactment groups and similar official ''circensic'' societies of Nova Roma, management decisions regarding the content and the rights and interests of the organizers and participants of the cultural programs and festivals of Nova Roma, disputes between organizers and participants of these programs that do not belong under any paragraph of the lex Salvia poenalis or to one of the cases which are assigned to the praetorian court in other laws.
		+

	==III. Magisterial jurisdiction of the different cases==		==III. Magisterial jurisdiction of the different cases==

−	===Magisterial Controversy (Decemviral) cases===	+	===A. Magisterial Controversy (Decemviral) cases===

	*'''First Level.''' For Magisterial Controversy (Decemviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' will serve as judges in the court of first instance. The role of the ''iudices'' shall be filled by the ''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'' themselves, their full collegium being the tribunal. They shall agree among each other about who will preside as chairman of the trial, assuming the role of the presiding ''praetor'', and subsequently who is responsible for conducting the trial according to the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. They may change the chairman during the course of the trial upon collegial agreement. The formula for the trial is developed based on their collegial decision in place of the ''praetor''. Cases brought before these magistrates may not be rejected.		*'''First Level.''' For Magisterial Controversy (Decemviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' will serve as judges in the court of first instance. The role of the ''iudices'' shall be filled by the ''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'' themselves, their full collegium being the tribunal. They shall agree among each other about who will preside as chairman of the trial, assuming the role of the presiding ''praetor'', and subsequently who is responsible for conducting the trial according to the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. They may change the chairman during the course of the trial upon collegial agreement. The formula for the trial is developed based on their collegial decision in place of the ''praetor''. Cases brought before these magistrates may not be rejected.
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	*'''Third Level.''' Appeals against a ruling of the ''[[Praetor (Nova Roma)\|praetor]]'' in these cases shall be made to the '''''[[Comitia Centuriata (Nova Roma)\|Comitia Centuriata]]''''' as the court of third instance. Once a verdict is made by the ''comitia'', it is considered final.		*'''Third Level.''' Appeals against a ruling of the ''[[Praetor (Nova Roma)\|praetor]]'' in these cases shall be made to the '''''[[Comitia Centuriata (Nova Roma)\|Comitia Centuriata]]''''' as the court of third instance. Once a verdict is made by the ''comitia'', it is considered final.

−	===Forum Management (Triumviral) cases===	+	===B. Forum Management (Triumviral) cases===

	*'''First Level.''' For Forum Management (Triumviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Tresviri Capitales]]''''' will serve as judges in the court of first instance. Due to the time sensitive nature of forum controversies, such cases shall be first heard according to an expedited procedure, without trial, called a summary judgment. In other words, the ''tresviri capitales'' may only conduct summary judgements.		*'''First Level.''' For Forum Management (Triumviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Tresviri Capitales]]''''' will serve as judges in the court of first instance. Due to the time sensitive nature of forum controversies, such cases shall be first heard according to an expedited procedure, without trial, called a summary judgment. In other words, the ''tresviri capitales'' may only conduct summary judgements.
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	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the ''praetor'' has the right to refuse such appeals based on his or her insight and interpretation of the case. If the ''praetor'' does accept the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the ''comitia''. Once a verdict is made by the ''comitia'', it shall be considered final.		*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the ''praetor'' has the right to refuse such appeals based on his or her insight and interpretation of the case. If the ''praetor'' does accept the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the ''comitia''. Once a verdict is made by the ''comitia'', it shall be considered final.

−	===Civic (Aedilician) cases===	+	===C. Civic (Aedilician) cases===

	*'''First Level.''' For Civic (Aedilician) cases, the '''''[[Aediles (Nova Roma)\|Aediles]]''''' will serve as judges in the court of first instance.		*'''First Level.''' For Civic (Aedilician) cases, the '''''[[Aediles (Nova Roma)\|Aediles]]''''' will serve as judges in the court of first instance.
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	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a civic controversy case transcends a simple management debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accept the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the ''comitia''. Once a verdict is made by the ''comitia'', it shall be considered final.		*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a civic controversy case transcends a simple management debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accept the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the ''comitia''. Once a verdict is made by the ''comitia'', it shall be considered final.

−	==~~III~~. Proceedings of Adminstrative Court Cases==	+
		+	==IV. Proceedings of Adminstrative Court Cases==

	All forms of cases primarily follow the process defined within the ''[[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]''. The variance in process is generally defined by the magistrate who is presiding or judging the case.		All forms of cases primarily follow the process defined within the ''[[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]''. The variance in process is generally defined by the magistrate who is presiding or judging the case.

−	===Magisterial Controversy (Decemviral) cases===	+	===A. Magisterial Controversy (Decemviral) cases===

	====Summary Judgement====		====Summary Judgement====
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	****		****

−	===Forum Management (Triumviral) cases===	+	===B. Forum Management (Triumviral) cases===

	====Summary Judgement====		====Summary Judgement====
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	****		****

−	===Civic (Aedilician) cases===	+	===C. Civic (Aedilician) cases===

	====Summary Judgement====		====Summary Judgement====
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−	==IV. Appellate court proceedings==	+	==V. Appellate court proceedings==

	Based on the instance of adminsitrative court for a case and the original magistirial jurisdiction determined from the case type, an appeal by any litigant party may bring the case before a ''[[Praetor (Nova Roma)\|praetor]]'' or the ''[[Comitia Centuriata (Nova Roma)\|Comitia Centuriata]]''.		Based on the instance of adminsitrative court for a case and the original magistirial jurisdiction determined from the case type, an appeal by any litigant party may bring the case before a ''[[Praetor (Nova Roma)\|praetor]]'' or the ''[[Comitia Centuriata (Nova Roma)\|Comitia Centuriata]]''.

−	===Praetorial court===	+	===A. Praetorial court===

	I. Administrative cases will come before the ''praetors'' in several instances:		I. Administrative cases will come before the ''praetors'' in several instances:
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	XVII. Once all the tribunal have issued their ''sententiae'', the ''praetor'' will immediately inform the parties of the ''sententia'', and shall enforce any penalties or outcomes through the issue the proposed decretum.		XVII. Once all the tribunal have issued their ''sententiae'', the ''praetor'' will immediately inform the parties of the ''sententia'', and shall enforce any penalties or outcomes through the issue the proposed decretum.

−	****	+	===B. Court before the Comitia===
		+
		+	***
		+	This section under development
		+	***
		+
		+	Comitia Centuriata
		+
		+	Trials heard by the comitia shall be conducted as any other sessions of the comitia, according to the lex Tullia de comitiis habendis, but the presiding magistrate shall ensure that each side of the case has at least one advocatus who presents the arguments and evidences in the forum where the comitia are held, and the the call to vote in the session of the comitia and the ballot formula shall contain documents, or links to the documents, composed by the advocati demonstrating the arguments and evidences of their side of the case. Trials before the comitia that do not satisfy these requirements shall be considered illegal, invalid, null and void.
		+
		+	When this proceeding is conducted before the comitia, the formula and the sententiae shall be composed the same way as in the case of constitutional court cases of the comitia at II.D.2.c.ii, but instead of multiple rogatio proposals, there shall be only one, which describes the requested instructions or annulment of actions. The rest of the process shall follow the procedure at II.D.2.c.ii.
		+
		+	1. Appeals to the comitia against a sententia made by the decemviri stlitibus iudicandis shall be presented to any magistrate or officer (normally a praetor, alternatively a consul or a tribune of the plebs) who has the right to convene any of the comitia. It shall be within the right of that magistrate to decide the validity and necessity of the appeal, and to accept or refuse the appeal.
		+	a. If the appeal is refused, the petitioner may present the petition to another magistrate who has the right to conduct the proceedings.
		+	b. If the appeal is accepted, the magistrate who accepted the appeal shall call the contio to be in session for the trial within a trinundinum after the appeal was made.
		+	2. The verdict of the comitia in an administrative court proceeding shall be made in form of a lex which describes the order or procedural instruction to the magistrate, officer or other administrative institution of Nova Roma the actions of which were called into revision by the administrative court, that is, the administrative solution which was favored by the comitia.
		+	3. The verdict of the comitia in a constitutional court proceeding shall be made in form of a lex describing the version of the interpretation of law which was favored by the comitia.

Decimus Aurelius Ingeniarius: Providing updates

2023-01-26T02:26:54Z

Providing updates

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Decimus Aurelius Ingeniarius: Minor Intro update and other small changes

2023-01-07T11:41:24Z

Minor Intro update and other small changes

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Decimus Aurelius Ingeniarius: Latest udpates

2023-01-07T02:11:15Z

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2023-01-06T09:42:37Z

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Decimus Aurelius Ingeniarius: Latest Updates

2023-01-04T12:00:39Z

Latest Updates

← Older revision		Revision as of 12:00, 4 January 2023
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	\| style="text-align:center; font-size:10pt;" \| litigant parties = the actor and reus of a particular case		\| style="text-align:center; font-size:10pt;" \| litigant parties = the actor and reus of a particular case
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−	\| style="text-align:center; font-size:10pt;" \|	+	\| style="text-align:center; font-size:10pt;" \| ''trinundinum'' = a period including three ''nundinae'' (market days, held every eight days), total 24 calendar days.
−	\| style="text-align:center; font-size:10pt;" \|	+	\| style="text-align:center; font-size:10pt;" \| ''poena/poenae'' = punishment/punishments
−	\| style="text-align:center; font-size:10pt;" \|	+	\| style="text-align:center; font-size:10pt;" \| ''Sententia/Sententiae'' = The expression of opinion of conviction
−	\| style="text-align:center; font-size:10pt;" \|	+	\| style="text-align:center; font-size:10pt;" \| ''iudex/iudices'' = judge/judges
	\|-		\|-
	\|}		\|}
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	*'''Third Level.''' Appeals against the ruling of the aediles on these cases, or in controversies about the forum management decisions and disciplinary measures made personally by the ''aediles'', ''praetores'', ''consules'' or any other magistrate or officer regarding their actions in any official public forums of Nova Roma, they are referred to the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' as the court of first instance.		*'''Third Level.''' Appeals against the ruling of the aediles on these cases, or in controversies about the forum management decisions and disciplinary measures made personally by the ''aediles'', ''praetores'', ''consules'' or any other magistrate or officer regarding their actions in any official public forums of Nova Roma, they are referred to the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' as the court of first instance.

−	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does ~~accepted~~ the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.	+	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accept the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.

	===Civic (Aedilician) cases===		===Civic (Aedilician) cases===
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	*'''Third Level.''' Appeals against the ruling of the ''decemviri stlitibus iudicandis'' are be made to the '''''[[Praetor (Nova Roma)\|Praetor]]''''' as the court of third instance.		*'''Third Level.''' Appeals against the ruling of the ''decemviri stlitibus iudicandis'' are be made to the '''''[[Praetor (Nova Roma)\|Praetor]]''''' as the court of third instance.

−	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a civic controversy case transcends a simple management debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does ~~accepted~~ the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.	+	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a civic controversy case transcends a simple management debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accept the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.

	==III. Proceedings of Adminstrative Court Cases==		==III. Proceedings of Adminstrative Court Cases==

−	All forms of cases primarily follow the process defined within the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. The variance in process is generally defined by the magistrate who is presiding or judging the case.	+	All forms of cases primarily follow the process defined within the ''[[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]''. The variance in process is generally defined by the magistrate who is presiding or judging the case.

	===Magisterial Controversy (Decemviral) cases===		===Magisterial Controversy (Decemviral) cases===

−	Upon one or more of the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' magistrates receiving a ''petitio actionis''	+	====Summary Judgement====
		+
		+	I. Upon one or more of the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' magistrates receiving a ''petitio actionis'', they will inform all other ''decemviri'' and coordinate a notification to the ''reus'' whom is informed of the nature of the claim presented against him or her and of the identity of the actor. The ''decemviri'' will also coordinate a response to the actor notifying them of the formal receipt of their petition. The magistrates are not able to reject a ''petitio actionis''. Unlike jurisdictional court cases, administrative court cases are permitted to be held against sitting magistrates.
		+
		+	II. The ''decemviri'' then coordinate with each other to form a summary judgement within 48 hours of notification to the actor and ''reus''. <Information on summary judgements here>
		+
		+	III. At the end of the 48 hours and all litigants have been notified of the summary judgement, there is four possible outcomes:
		+	:A. If all litigant parties accept the summary judgment, the case is closed immediately with the summary judgment enacted as the official decision.
		+	:B. If the ''reus'' does not answer to the summary judgment offered by the ''decemviri'' within a trinundinum, the ''decemviri'' shall judge the case in favor of the actor.
		+	:C. If the actor does not answer to the summary judgment offered by the ''decemviri'' within a trinundinum, the ''decemviri'' shall dismiss the case.
		+	:D. If all litigant parties answer, but one of the litigant parties refuses the administrative verdic, the case will proceed to a full trial within a trinundinum (24 days) after the point the last litigant has answered.
		+
		+	====Proceeding to trial====
		+
		+	IV. The ''decemviri'' will first agree among each other about who will preside as the chairman of the trial, who will fill the role normally conducted by a presiding praetor and act as a primary spokesperson for the tribunal. They are responsible for conducting the trial according to the ''[[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]''. They can change the person presiding as the chairman during the trial upon collegial agreement.
		+
		+	V. The ''decemviri'' are required to issue the formula for the trial based on their collegial decision. The formula consists of a logical statement that scopes and instructs the full collegium tribunal of the''decemviri'', acting as the ''iudices'' on the case, on the decision they must take. The formula is structured into four parts: ''institutio iudicis'', ''intentio'', ''demonstratio'' and ''condemnatio''. An explanation of each part follows:
		+	:A. '''INSTITVTIO IVDICIS''': This clause confirms the ''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]'', acting as a collegial tribunal, as the iudex to judge the case.
		+	:B. '''INTENTIO''': This part expresses the claim of the actor; i.e., it expresses what the actor seeks by petitioning the ''decemviri''. There are two kinds of ''intentio'': ''intentio certa'', when the facts that lead to the actor's claim are so obvious that they do not need to be proved, and ''intentio incerta'', when the actor must prove the facts that justify his or her claim.
		+	Example: ''Intentio Certa'': "According to the public statement posted by the magistrate..." ''Intentio Incerta'': "If it is proved that magistrate Ticius unlawfully denied Gaius as a candidate, Ticius shall reverse his decision".
		+	:C. '''DEMONSTRATIO''': This is the clause that further defines an ''intentio incerta''.
		+	:D. '''CONDEMNATIO''': This is the clause that allows the iudices to condemn or absolve.
		+
		+	Note: ''Sententiae'' through the Administrative Court process do not contain ''poenae'', but they may uphold any existing administrative ''poenae'' under question in a case.
		+
		+	*Example: "Let the [[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]] be the iudices. If it is proved that magistrate Spurius unlawfully denied citizen Gaius as a candidate to the election, who, upon demosntrating he met the required conditions in accordance with the lex Salvia de prorogatione et cumulatione, we, the decemviri stlitibus iudicandis, shall condemn the magistrate Spurius to reverse his decision and permit citizen Gaius as a candidate, otherwise we shall acquit magistrate Spurius."
		+
		+	*Example (in parts): ''Institutio Iudicis:'' "Let the [[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]] be the iudices. ''Intentio:'' If it is proved that magistrate Spurius unlawfully denied citizen Gaius as a candidate to the election, ''Demonstratio:'' who, upon demonstrating he met the required conditions in accordance with the lex Salvia de prorogatione et cumulatione, ''Condemnatio:'' we, the decemviri stlitibus iudicandis, shall condemn the magistrate Spurius to reverse his decision and permit citizen Gaius as a candidate, otherwise we shall acquit magistrate Spurius."
		+
		+	VI. To write down a formula, the ''decemviri'' must use one of these sources as a basis:
		+
		+	:A. ''Lex'': the ''intentio'' and the ''condemnatio'' shall never be in disagreement with the current laws of Nova Roma. They must follow these laws when the situation is explicitly treated by them.
		+	:B. ''Iurisprudentia'': in those cases where the laws do not present an explicit treatment of a certain situation, the ''decemviri'' may propose to a praetor that he or she create ''iurisprudentia'' (jurisprudence) applicable to all similar situations. ''Iurisprudentia'' is an expression of the Imperium of the praetor, and it has the same legislative power as a praetorial edictum. Because of this, laws approved by the Comitia shall always supersede ''iurisprudentia'', and a certain praetor can alter previous ''iurisprudentia'' through an official edictum whenever common sense dictates that such a course of action is necessary.

	***		***
	'''REMAINING TEXT UNDER DEVELOPMENT'''		'''REMAINING TEXT UNDER DEVELOPMENT'''
	***		***

Decimus Aurelius Ingeniarius: Latest udpates

2023-01-03T11:34:42Z

Latest udpates

← Older revision		Revision as of 11:34, 3 January 2023
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	Administrative court proceedings serve to resolve debates and complaints between magistrates and other officers about correct procedure, and lawfulness of an action or decision, and complaints of citizens against magistrates and other officers about correct procedure and lawfulness of their action or decision. Examples include a complaint of citizen against an action or decision of a magistrate or other officer which the citizen deems illegal, mistaken or unjust, or to have been made according to an incorrect or unlawful procedure. The administrative court may not be used to decide administrative debates in which one of the parties is the [[Comitia (Nova Roma)\|Comitia]], the [[Senate (Nova Roma)\|Senate]], the [[Collegium pontificum (Nova Roma)\|Collegium Pontificum]] or [[Collegium augurum (Nova Roma)\|Collegium Augurum]].		Administrative court proceedings serve to resolve debates and complaints between magistrates and other officers about correct procedure, and lawfulness of an action or decision, and complaints of citizens against magistrates and other officers about correct procedure and lawfulness of their action or decision. Examples include a complaint of citizen against an action or decision of a magistrate or other officer which the citizen deems illegal, mistaken or unjust, or to have been made according to an incorrect or unlawful procedure. The administrative court may not be used to decide administrative debates in which one of the parties is the [[Comitia (Nova Roma)\|Comitia]], the [[Senate (Nova Roma)\|Senate]], the [[Collegium pontificum (Nova Roma)\|Collegium Pontificum]] or [[Collegium augurum (Nova Roma)\|Collegium Augurum]].
		+
		+	Regular terms used in the courts of Nova Roma:
		+
		+	{\| border="1" cellpadding="5" cellspacing="0" align="center" width="100%"
		+	\|-
		+	! style="background:#E6E6E6; text-align:center;" \|
		+	! style="background:#E6E6E6; text-align:center;" \|
		+	! style="background:#E6E6E6; text-align:center;" \|
		+	! style="background:#E6E6E6; text-align:center;" \|
		+	\|-
		+	\| style="text-align:center; font-size:10pt;" \| ''petitio actionis'' = request for action (formal compliant made to a magistrate)
		+	\| style="text-align:center; font-size:10pt;" \| actor = plaintiff (the one raising the complaint)
		+	\| style="text-align:center; font-size:10pt;" \| ''reus'' = the defendant (the accused or opposite party)
		+	\| style="text-align:center; font-size:10pt;" \| litigant parties = the actor and reus of a particular case
		+	\|-
		+	\| style="text-align:center; font-size:10pt;" \|
		+	\| style="text-align:center; font-size:10pt;" \|
		+	\| style="text-align:center; font-size:10pt;" \|
		+	\| style="text-align:center; font-size:10pt;" \|
		+	\|-
		+	\|}
		+

	==II. Classification of cases before the Administrative Court==		==II. Classification of cases before the Administrative Court==
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	This classification of case always commences with an expedited procedure, without trial, called a summary judgment. If with all litigants present and one of the litigant parties refuses the summary judgment, then these cases are appealed through one of three different courses:		This classification of case always commences with an expedited procedure, without trial, called a summary judgment. If with all litigants present and one of the litigant parties refuses the summary judgment, then these cases are appealed through one of three different courses:

−	:The controversy is involving a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action. These are conducted as general administrative complaints through the next elevated level of jurisdiction for Forum Management cases.	+	:*The controversy is involving a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action. These are conducted as general administrative complaints through the next elevated level of jurisdiction for Forum Management cases.

−	:The controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law. This form of case should be handled within the frames of a [[Constitutional court (Nova_Roma)\|Constitutional Court]] proceeding.	+	:*The controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law. This form of case should be handled within the frames of a [[Constitutional court (Nova_Roma)\|Constitutional Court]] proceeding.

−	:The controversy is between two citizens, magistrates in their capacity as private citizens, even if it is a forum related controversy. These cases are classified as a [[Judiciary court (Nova_Roma)\|Judiciary Court]] case.	+	:*The controversy is between two citizens, magistrates in their capacity as private citizens, even if it is a forum related controversy. These cases are classified as a [[Judiciary court (Nova_Roma)\|Judiciary Court]] case.

	===C. Civic (Aedilician) Administrative Court cases===		===C. Civic (Aedilician) Administrative Court cases===
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	==III. Magisterial jurisdiction of the different cases==		==III. Magisterial jurisdiction of the different cases==
		+
		+	===Magisterial Controversy (Decemviral) cases===

	*'''First Level.''' For Magisterial Controversy (Decemviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' will serve as judges in the court of first instance. The role of the ''iudices'' shall be filled by the ''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'' themselves, their full collegium being the tribunal. They shall agree among each other about who will preside as chairman of the trial, assuming the role of the presiding praetor, and subsequently who is responsible for conducting the trial according to the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. They may change the chairman during the course of the trial upon collegial agreement. The formula for the trial is developed based on their collegial decision in place of the ''praetor''. Cases brought before these magistrates may not be rejected.		*'''First Level.''' For Magisterial Controversy (Decemviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' will serve as judges in the court of first instance. The role of the ''iudices'' shall be filled by the ''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'' themselves, their full collegium being the tribunal. They shall agree among each other about who will preside as chairman of the trial, assuming the role of the presiding praetor, and subsequently who is responsible for conducting the trial according to the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. They may change the chairman during the course of the trial upon collegial agreement. The formula for the trial is developed based on their collegial decision in place of the ''praetor''. Cases brought before these magistrates may not be rejected.

−	:*'''Second Level.''' Appeals against the ruling of the ''decemviri stlitibus iudicandis'', or if an accusation of ''culpa'' is raised against one or more ''decemviri'', it shall be brought to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' as the court of second instance.	+	*'''Second Level.''' Appeals against the ruling of the ''decemviri stlitibus iudicandis'', or if an accusation of ''culpa'' is raised against one or more ''decemviri'', it shall be brought to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' as the court of second instance.
		+
		+	*'''Third Level.''' Appeals against a ruling of the ''[[Praetor (Nova Roma)\|praetor]]'' in these cases shall be made to the '''''[[Comitia Centuriata (Nova Roma)\|Comitia Centuriata]]''''' as the court of third instance. Once a verdict is made by the comitia, it is considered final.

−	~~:*'''Third Level.''' Appeals against a ruling of the ''[[Praetor~~ (~~Nova Roma~~)~~\|praetor]]'' in these~~ cases ~~shall be made to the '''''[[Comitia Centuriata (Nova Roma)\|Comitia Centuriata]]''''' as the court of third instance. Once a verdict is made by the comitia, it is considered final.~~	+	===Forum Management (Triumviral) cases===

	*'''First Level.''' For Forum Management (Triumviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Tresviri Capitales]]''''' will serve as judges in the court of first instance. Due to the time sensitive nature of forum controversies, such cases shall be first heard according to an expedited procedure, without trial, called a summary judgment. In other words, the ''tresviri capitales'' may only conduct summary judgements.		*'''First Level.''' For Forum Management (Triumviral) cases, the '''''[[Vigintisexviri (Nova Roma)\|Tresviri Capitales]]''''' will serve as judges in the court of first instance. Due to the time sensitive nature of forum controversies, such cases shall be first heard according to an expedited procedure, without trial, called a summary judgment. In other words, the ''tresviri capitales'' may only conduct summary judgements.

−	:*'''Second Level.''' Appeals against the ruling of the ''tresviri capitales'', or in controversies about the forum management decisions and disciplinary measures made personally by the ''tresviri capitales'' regarding actions in any official public forums of Nova Roma are be made to the '''''[[Aediles (Nova Roma)\|Aediles]]''''' as the court of first instance. This also applies to a controversy or complaint that is not about a specific action of a specific moderator, but about other issues not regulated by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'' or other relevant laws.	+	*'''Second Level.''' Appeals against the ruling of the ''tresviri capitales'', or in controversies about the forum management decisions and disciplinary measures made personally by the ''tresviri capitales'' regarding actions in any official public forums of Nova Roma are be made to the '''''[[Aediles (Nova Roma)\|Aediles]]''''' as the court of first instance. This also applies to a controversy or complaint that is not about a specific action of a specific moderator, but about other issues not regulated by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'' or other relevant laws.

−	:*'''Third Level.''' Appeals against the ruling of the aediles on these cases, or in controversies about the forum management decisions and disciplinary measures made personally by the ''aediles'', ''praetores'', ''consules'' or any other magistrate or officer regarding their actions in any official public forums of Nova Roma, they are referred to the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' as the court of first instance.	+	*'''Third Level.''' Appeals against the ruling of the aediles on these cases, or in controversies about the forum management decisions and disciplinary measures made personally by the ''aediles'', ''praetores'', ''consules'' or any other magistrate or officer regarding their actions in any official public forums of Nova Roma, they are referred to the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' as the court of first instance.

−	:*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accepted the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.	+	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accepted the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.
		+
		+	===Civic (Aedilician) cases===

	*'''First Level.''' For Civic (Aedilician) cases, the '''''[[Aediles (Nova Roma)\|Aediles]]''''' will serve as judges in the court of first instance.		*'''First Level.''' For Civic (Aedilician) cases, the '''''[[Aediles (Nova Roma)\|Aediles]]''''' will serve as judges in the court of first instance.

−	:*'''Second Level.''' Appeals against the ruling of the ''aediles'' are be made to the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' as the court of second instance.	+	*'''Second Level.''' Appeals against the ruling of the ''aediles'' are be made to the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' as the court of second instance.
		+
		+	*'''Third Level.''' Appeals against the ruling of the ''decemviri stlitibus iudicandis'' are be made to the '''''[[Praetor (Nova Roma)\|Praetor]]''''' as the court of third instance.
		+
		+	*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor (Nova Roma)\|Praetor]]''''' after the initial instance should they believe that a civic controversy case transcends a simple management debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accepted the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.
		+
		+	==III. Proceedings of Adminstrative Court Cases==

−	~~:*'''Third Level.''' Appeals against the ruling~~ of the ~~''decemviri stlitibus iudicandis'' are be made to~~ the ~~'''''~~[[~~Praetor~~ (Nova Roma)\|~~Praetor~~]]~~''''' as~~ the ~~court of third instance~~.	+	All forms of cases primarily follow the process defined within the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. The variance in process is generally defined by the magistrate who is presiding or judging the case.

−	~~:*'''Alternate Level.''' The litigant parties may appeal to a '''''[[Praetor~~ (~~Nova Roma~~)~~\|Praetor]]''''' after the initial instance should they believe that a civic controversy case transcends a simple~~ management debate and is being interpreted as belonging to one of the offenses and cases defined by the ''[[Lex Salvia poenalis (Nova Roma)\|lex Salvia poenalis]]'', or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accepted the case, after the ''sententia'' of the praetorian court, as in all cases of praetorian ''sententiae'', an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.	+	===Magisterial Controversy (Decemviral) cases===

		+	Upon one or more of the '''''[[Vigintisexviri (Nova Roma)\|Decemviri Stlitibus Iudicandis]]''''' magistrates receiving a ''petitio actionis''

	***		***
	'''REMAINING TEXT UNDER DEVELOPMENT'''		'''REMAINING TEXT UNDER DEVELOPMENT'''
	***		***

Gnaeus Cornelius Lentulus: moved Administrative court (Nova Roma) to Administrative courts of Nova Roma

2023-01-02T12:17:41Z

moved Administrative court (Nova Roma) to Administrative courts of Nova Roma

← Older revision

Revision as of 12:17, 2 January 2023

← Older revision		Revision as of 11:26, 1 January 2024
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	:*The controversy is involving a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action. These are conducted as general administrative complaints through the next elevated level of jurisdiction for Forum Management cases.		:*The controversy is involving a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action. These are conducted as general administrative complaints through the next elevated level of jurisdiction for Forum Management cases.

−	:*The controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law. This form of case should be handled within the frames of a [[Constitutional ~~court (Nova_Roma)~~\|Constitutional Court]] proceeding.	+	:*The controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law. This form of case should be handled within the frames of a [[Constitutional courts of Nova Roma\|Constitutional Court]] proceeding.

−	:*The controversy is between two citizens, magistrates in their capacity as private citizens, even if it is a forum related controversy. These cases are classified as a [[~~Judiciary court (Nova_Roma)~~\|Judiciary Court]] case.	+	:*The controversy is between two citizens, magistrates in their capacity as private citizens, even if it is a forum related controversy. These cases are classified as a [[Judicial courts of Nova Roma\|Judiciary Court]] case.

	===C. Civic (Aedilician) Administrative Court cases===		===C. Civic (Aedilician) Administrative Court cases===
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	*Example (in parts): ''Institutio Iudicis:'' "Let the [[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]] be the iudices. ''Intentio:'' If it is proved that magistrate Spurius unlawfully denied citizen Gaius as a candidate to the election, ''Demonstratio:'' who, upon demonstrating he met the required conditions in accordance with the lex Salvia de prorogatione et cumulatione, ''Condemnatio:'' we, the decemviri stlitibus iudicandis, shall condemn the magistrate Spurius to reverse his decision and permit citizen Gaius as a candidate, otherwise we shall acquit magistrate Spurius."		*Example (in parts): ''Institutio Iudicis:'' "Let the [[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]] be the iudices. ''Intentio:'' If it is proved that magistrate Spurius unlawfully denied citizen Gaius as a candidate to the election, ''Demonstratio:'' who, upon demonstrating he met the required conditions in accordance with the lex Salvia de prorogatione et cumulatione, ''Condemnatio:'' we, the decemviri stlitibus iudicandis, shall condemn the magistrate Spurius to reverse his decision and permit citizen Gaius as a candidate, otherwise we shall acquit magistrate Spurius."

−	VI. The ''formula'' and the ''sententia'' for cases of '''''culpae iuris publici''''' (administrative cases) are composed the same way as ''formulae'' and ''sententiae'' under [[~~Judiciary court (Nova_Roma)~~\|judiciary court]] proceedings, as it is described by the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. These forms of administrative cases are the only case types that may include ''poenae''. The following ''culpae'' may be prosecuted in Nova Roma, commencing with the ''decemviri'':	+	VI. The ''formula'' and the ''sententia'' for cases of '''''culpae iuris publici''''' (administrative cases) are composed the same way as ''formulae'' and ''sententiae'' under [[Judicial courts of Nova Roma\|judiciary court]] proceedings, as it is described by the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. These forms of administrative cases are the only case types that may include ''poenae''. The following ''culpae'' may be prosecuted in Nova Roma, commencing with the ''decemviri'':

	:A.CULPA LATA (Gross Negligence):		:A.CULPA LATA (Gross Negligence):
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	:A.If the controversy involves a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action, they shall be conducted according to the general administrative complaints and a tribunal of the '''''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'''''.		:A.If the controversy involves a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action, they shall be conducted according to the general administrative complaints and a tribunal of the '''''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'''''.

−	:B. If the controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law, the case should be handled within the frames of a '''[[Constitutional ~~Court (~~Nova Roma)\|constitutional court]]'''.	+	:B. If the controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law, the case should be handled within the frames of a '''[[Constitutional courts of Nova Roma\|constitutional court]]'''.

−	:C. If the controversy is between two citizens, even if magistrates but having a controversy as private citizens, even if it is a forum related controversy, it is classified as a '''[[~~Judiciary court (Nova_Roma)~~\|judiciary court]]''' case, and if the case can be classified under one of the litigation categories of the leges Salviae, it should be conducted according the them, if it cannot, then it shall be conducted as a judiciary case without existing category.	+	:C. If the controversy is between two citizens, even if magistrates but having a controversy as private citizens, even if it is a forum related controversy, it is classified as a '''[[Judicial courts of Nova Roma\|judiciary court]]''' case, and if the case can be classified under one of the litigation categories of the leges Salviae, it should be conducted according the them, if it cannot, then it shall be conducted as a judiciary case without existing category.

	****		****
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	:C. For Magisterial Controversy (''Decemviral'') cases that concern one or more of the ''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'' as a ''reus'', as a court of first instance.		:C. For Magisterial Controversy (''Decemviral'') cases that concern one or more of the ''[[Vigintisexviri (Nova Roma)\|decemviri stlitibus iudicandis]]'' as a ''reus'', as a court of first instance.

−	Other cases raised to the ''praetors'' likely fall outside of Administrative courts and are proccessed through the proceedings of a [[Constitutional ~~court (Nova_Roma)~~\|Constitutional Court]] or [[~~Judiciary court (Nova_Roma)~~\|Judiciary Court]].	+	Other cases raised to the ''praetors'' likely fall outside of Administrative courts and are proccessed through the proceedings of a [[Constitutional courts of Nova Roma\|Constitutional Court]] or [[Judicial courts of Nova Roma\|Judiciary Court]].

	II. In all Administrative cases, the process for a trial is in accordance with the ''[[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]'' and is detailed below.		II. In all Administrative cases, the process for a trial is in accordance with the ''[[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]'' and is detailed below.
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	*Example (in parts): ''Institutio Iudicis:'' "Let Cornelius be the iudex. ''Intentio:'' If it is proved that magistrate Spurius unlawfully denied citizen Gaius as a candidate to the election, ''Demonstratio:'' who, upon demonstrating he met the required conditions in accordance with the lex Salvia de prorogatione et cumulatione, ''Condemnatio:'' you shall condemn the magistrate Spurius to reverse his decision and permit citizen Gaius as a candidate, otherwise you shall acquit magistrate Spurius."		*Example (in parts): ''Institutio Iudicis:'' "Let Cornelius be the iudex. ''Intentio:'' If it is proved that magistrate Spurius unlawfully denied citizen Gaius as a candidate to the election, ''Demonstratio:'' who, upon demonstrating he met the required conditions in accordance with the lex Salvia de prorogatione et cumulatione, ''Condemnatio:'' you shall condemn the magistrate Spurius to reverse his decision and permit citizen Gaius as a candidate, otherwise you shall acquit magistrate Spurius."

−	V. The ''formula'' and the ''sententia'' for cases of '''''culpae iuris publici''''' (administrative cases) are composed the same way as ''formulae'' and ''sententiae'' under [[~~Judiciary court (Nova_Roma)~~\|judiciary court]] proceedings, as it is described by the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. These forms of administrative cases are the only case types that may include ''poenae''. The following ''culpae'' may be prosecuted in Nova Roma, commencing with the ''decemviri'':	+	V. The ''formula'' and the ''sententia'' for cases of '''''culpae iuris publici''''' (administrative cases) are composed the same way as ''formulae'' and ''sententiae'' under [[Judicial courts of Nova Roma\|judiciary court]] proceedings, as it is described by the [[Lex Salvia iudiciaria (Nova Roma)\|lex Salvia iudiciaria]]. These forms of administrative cases are the only case types that may include ''poenae''. The following ''culpae'' may be prosecuted in Nova Roma, commencing with the ''decemviri'':

	:A.CULPA LATA (Gross Negligence):		:A.CULPA LATA (Gross Negligence):