legis actiones
Quick Summary
The legis actiones were a set of formal legal procedures used in ancient Roman courts, dating from the 5th century BCE until the late 2nd century CE. This system was divided into two stages: a preliminary hearing before a magistrate and a trial before a judex (judge). Each step in the legis actiones was highly ritualistic, requiring specific words and actions. A mistake in procedure could result in losing the case.12
The first stage involved the magistrate determining if there was a legal issue and defining it. The second stage, before the judex, was more informal, with advocates presenting arguments and evidence. The judex made a decision but could not enforce it. If a defendant failed to comply, they could be forcibly brought before the magistrate, their property seized, or they could be enslaved to the plaintiff to work off the debt. This system was eventually replaced by the formulary system and later the cognitio extraordinaria, which gave more power to magistrates and the state in administering justice.12
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