Decimus Aurelius Ingeniarius: Adding link to album record.

2025-12-25T19:09:08Z

Adding link to album record.

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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]].
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	==II. Magisterial jurisdiction of judicial cases==		==II. Magisterial jurisdiction of judicial cases==

Decimus Aurelius Ingeniarius: Starting page

2023-04-06T23:16:54Z

Starting page

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[[Category:Legal system (Nova Roma)]]
{{LanguageBar|Legal system (Nova Roma)}}
{{Praetores}}
{{Tabularium articles|pgchk=}}
{{NR State councils articles}}

==I. Introduction to the Judicial Court==

Judicial court proceedings are a system of courts most citizens would be familiar with, the system that is often depicted in common media. The Judicial 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]]. The administrative and constitutional court systems, though closely related and sometimes also referred to as “judicial”, do not belong to the judicial system of Nova Roma. The administrative and constitutional court proceedings, procedures and processes are not defined judiciary, but they are defined as executive and legislative decisions of jurisdiction, or otherwise termed administrative or constitutional court proceedings, procedures or processes.

If the involved litigant parties are uncertain about which type of court they should petition with their complaint or case, they shall ask for a general directional ruling from the Praetorian Office, and they shall turn to the jurisdiction of the court as directed.
:1. Challenges made about the correctness of this general directional ruling shall be addressed to the '''''[[Praetor (Nova Roma)|praetors]]''''' who shall handle any controversy about the selection of the appropriate court in a form of an [[Administrative court (Nova Roma)|administrative court]] trial, as the court of first instance, for original jurisdiction.
:2. Appeals against the ruling of the ''praetor'' shall be made to the '''''[[Comitia (Nova Roma)|comitia]]''''' as the court of second instance. Once a verdict is made by the ''comitia'', it shall be considered final.

The procedures are based on the Roman republican procedural model, both because it probably is the model that best suits Nova Roma and because it is the basis for all the procedural systems of modern Western nations. Some concessions to Nova Roma's particular structure have had to be made; but, in spirit, it follows the ancient Roman procedure. Judicial procedures are governed by the [[Lex Salvia iudiciaria (Nova Roma)|lex Salvia iudiciaria]] and the [[Lex Salvia poenalis (Nova Roma)|lex Salvia poenalis]]. Unlike most other court types, judicial proceedings specify ''poenae'' which can be enacted against a ''reus''.

A crime is actionable from the moment of its discovery; if no ''actor'' shall have filed an action alleging that the ''reus'' has committed the crime within five (5) years of the crime's discovery, at the conclusion of that five-year period the ''[[Praetor (Nova Roma)|praetores]]'' shall accept no further action alleging that instantance of crime. Due to the very nature of Nova Roma's sovereignty, and following the duality principle defined in the Constitution of Nova Roma, many crimes shall not be treated directly by Nova Roman laws. In those cases, the appropriate macronational laws shall be considered applicable as well as Nova Roman judicial law. The ''[[Praetor (Nova Roma)|praetores]]'' shall be held responsible for denouncing those crimes to the appropriate macronational authorities, and all the magistratus of Nova Roma shall give their assistance in the performance of that duty.

Regular terms used in the courts of Nova Roma:

{| border="1" cellpadding="5" cellspacing="0" align="center" width="60%"
|-
! 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;" | ''trinundinum'' = a period including three ''nundinae'' (market days, held every eight days), total 24 calendar days.
| style="text-align:center; font-size:10pt;" | ''poena/poenae'' = punishment/punishments
| style="text-align:center; font-size:10pt;" | ''Sententia/Sententiae'' = The expression of opinion of conviction
| style="text-align:center; font-size:10pt;" | ''iudex/iudices'' = judge/judges
|-
| style="text-align:center; font-size:10pt;" | ''advocatus'' = advocate or barrister
| style="text-align:center; font-size:10pt;" | ''praetorian'' court = Normally an appellate court, a court of higher or alternate instance presided over by a ''praetor''
| style="text-align:center; font-size:10pt;" |
| style="text-align:center; font-size:10pt;" |
|-
|}

==II. Magisterial jurisdiction of judicial cases==

*'''The praetorial court as a judiciary court.''' In nearly all circumstances excluding thsoe highlighted below, the praetors will have jurisdiction on judicial cases in the first instance. If a controversy exists between two citizens, even if they are magistrates in the context as private citizens, even if it is a forum related controversy, it shall be classified as a judiciary court case. 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.

:The ''[[Praetor (Nova Roma)|praetores]]'' may also receive appeals for original forum administrative court cases. If, in the opinion of the litigant parties, 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, an additional appeal may be made to the praetor (court of fourth/third/second instance, depending on where the procedure started), but the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor has 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 (court of fifth/fourth/third instance). Once a verdict is made by the comitia, it shall be considered final.

:The ''[[Praetor (Nova Roma)|praetores]]'' may also receive appeals for original aedilician administrative court cases. If, in the opinion of the litigant parties, any of these controversy cases transcends 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, an additional appeal may be made to the praetor (court of fourth instance), but the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor has 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 (court of fifth instance). Once a verdict is made by the comitia, it shall be considered final.

*'''The decemviral court as a judiciary court.''' Cases that cannot be identified whether they are administrative, constitutional or judiciary, whether they belonging under any category of applicable law, or of the [[Lex Salvia poenalis (Nova Roma)|lex Salvia poenalis]], or of any law of Nova Roma, shall be classified as judiciary court cases, and the judiciary court of first instance, for original jurisdiction, shall be the '''''[[Vigintisexviri (Nova Roma)|decemviri stlitibus iudicandis]]''''' . Consequently, such cases may not be initiated against sitting magistrates who are immune from judicial proceedings that are proper judiciary court cases. The ''decemviri'' may not try a judiciary court case the formula of which includes the poena of EXILIUM. If the severity of the case compels the ''decemviri'' to include EXILIUM in the formula, they shall pass the case to the ''[[Praetor (Nova Roma)|praetores]]'' immediately.

*'''Municipal duoviri iure dicundo (or equivalents) as a judiciary court.''' Between citizens or officers of the same municipality, all types of court proceedings shall be conducted before the duoviri iure dicundo (or equivalents) according to a the same procedures as in the ''leges Salviae'' and the [[Lex Lucilia iudiciaria (Nova Roma)|lex Lucilia iudiciaria]], but if they conduct the trial in person (not online), they shall be entitled to deviate from the procedural steps of these leges as long as all parties agree about the procedure. The ''sententia'' and the possible ''poenae'' shall be reported to the ''[[Praetor (Nova Roma)|praetores]]'' who shall record them among the historical record of Nova Roman judicial proceedings. Appeal from the duumviral court may be made either to the provincial governor’s court or to the praetorian court in Nova Roma, in all types of cases, whichever is preferred by the involved parties. If the parties cannot agree in that, appeal shall be made to the governor.

*'''Governors and commanders as a judiciary court.''' Provinces are a form of military administration, conducted under the imperium (military command) of the governor.
:Between citizens or officers of the same province, all types of court proceedings shall be conducted before the provincial governor according to a the same procedures as in the ''leges Salviae'' and [[Lex Lucilia iudiciaria (Nova Roma)|lex Lucilia iudiciaria]], but if they conduct the trial in person (not online), they shall be entitled to deviate from the procedural steps of these leges as long as all parties agree about the procedure. The ''sententia'' and the possible ''poenae'' shall be reported to the praetors who shall record them among the historical record of Nova Roman judicial proceedings. Appeal from the governor’s court is to the praetorian court in Nova Roma, in all types of cases.

:If the litigation is about a case that involves questions regarding the military (activities, hierarchy, structure, organization, rules and management) between reenactment soldiers of one or more Nova Roman military legions or other type of autonomous or allied reenactment units of Nova Roma that are under the same imperium (which is a form of provincia), all types of court proceedings shall be conducted before their direct commander-in-chief with imperium, and appeals may be made to any higher commander-in-chief with imperium, according to a the same procedures as in the leges Salviae and the [[Lex Lucilia iudiciaria (Nova Roma)|lex Lucilia iudiciaria]], but if they conduct the trial in person (not online), they shall be entitled to deviate from the procedural steps of these leges as long as all parties agree about the procedure. The ''sententia'' and the possible ''poenae'' shall be reported to the ''[[Praetor (Nova Roma)|praetores]]'' who shall record them among the historical record of Nova Roman judicial proceedings. Appeal from the governor’s court is to the praetorian court in Nova Roma, in all types of cases.

Judicial courts of Nova Roma - Revision history

Decimus Aurelius Ingeniarius: Adding link to album record.

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