Legal Latin Mores

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II. Legal Roles - Then and Now

 

Title/role Ancient Rome United States
Judge/presider -praetor/magistratus-elected
-consilium-3 legal experts advise praeto
-appointed or elected
-extensive law library as legal expert
Jury album judicum
-list of males
-senator or eques class
-32 to 75 men depending on case
-majority of votes = verdict
12 citizens examined by prosecution and defense; in most states, vote in a criminal trial must be unanimous
Verdict C=condemno, A=absolvo unanimous- paper to judge
Prosecutor accusator- private citizen government official
Defense Att. Patronus or advocatus (one or more) Attorney- one or more
Defendant -reus(defendant) innocent till proven guilty
-imprisoned or free till trial
-innocent till proven guilty
-after initial charges, prison or free on bail.
Clerks scribae-record events recorder-word for word transcript
Witness(es) required by magistrate sub poena required by law, can be subpoena issued.

 

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