Misplaced Pages

#944055

95-538: The incoming praetor by his edict laid out legal principles he intended to follow when making judicial decisions during his year in office. To some degree the new praetor had sufficient discretion to modify the existing edict of the former praetor. Many years the new praetor would simply adopt and so continue the contents of edict he "inherited" from his predecessor. Praetors often did not possess any special expertise in law, but rather were successful politicians. So, in deciding whether or not to augment or otherwise modify

190-620: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of

285-466: A lex Cornelia de edictis passed, which required the praetor to abide by his own edict. The reconstructed Edict we have today is divided into five parts: I preliminary procedures, II ordinary remedies, III summary remedies, IV execution of judgement, V formulas, interdicts, exceptions, stipulations. Also the Edict has 45 titles, with some subdivisions, and 292 paragraphs. Many paragraph entries contain only

380-675: A pretura (a court). The pretori are appointed by the canton's parliament . In the Star Trek franchise, Praetor is the usual title of the leader of the Romulan Empire . In the New Phyrexia expansion of the Magic: The Gathering collectible card game , the five Phyrexian rulers were labeled as praetors. In the sci-fi gaming franchise StarCraft , two of the major characters, Fenix and Artanis, hold

475-418: A "tremendous violation of Roman practice in which all regular magistracies were created in colleges consisting of at least two". "Scholars increasingly view the [rogations] as establishing a college of three (and only three) praetors, two of whom eventually developed into the historical consuls". What became the classical praetorship in its early years also was not viewed as being less than the consuls, as "it

570-528: A Praetor in either was as follows. In an actio , which was civil, the Praetor could either issue an interdictum (interdict) forbidding some circumstance or appoint a iudex ( judge ). Proceedings before the praetor were technically said to be in iure . At this stage, the Praetor would establish a formula directing the iudex as to the remedy to be given if he found that certain circumstances were satisfied; for instance, "Let X be iudex . If it appears that

665-762: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,

760-510: A gold-brocaded hat ( skiadion ), a plain silk kabbadion tunic, and a plain, smooth wooden staff ( dikanikion ). Classical Latin Praetor became medieval Latin Pretor; Praetura, Pretura, etc. During the interwar period the 71 counties of Romania were divided into a various numbers of plăși (singular: plasă ), headed by a Pretor , appointed by the Prefect . The institution headed by

855-464: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and

950-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while

1045-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit.   'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by

SECTION 10

#1732771907945

1140-685: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,

1235-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,

1330-591: A part of a panel of judges . In an adversarial system , the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court . The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions,

1425-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess

1520-534: A popular assembly [representing] the Roman people". The emergence of the classical praetorship was a long process that had been underway by 367 BC. This was when the Sextian-Licinian Rogations were passed, giving the Roman people substantially more power over the selection of their military commanders. While Livy claims that the rogations created the praetorship in 367 BC to relieve

1615-650: A praetor in Constantinople, as a high-ranking judge. He is possibly identical to the Palaiologan-era post of the praitōr tou demōu , whose holders are attested until 1355. According to the Book of Offices of pseudo-Kodinos , compiled around the same time, the praitōr tou demōu occupied the 38th place in the imperial hierarchy, between the megas tzaousios and the logothetēs tōn oikeiakōn , but held no official function. His court uniform consisted of

1710-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy

1805-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and

1900-462: Is a Senate with two Praetors, one male and one female. In the critically acclaimed MMORPG Final Fantasy XIV , "The Praetorium " is a level 50 dungeon. In the 2022 game Elden Ring , one of the antagonists Rykard holds the title of Praetor among his fellow demi-gods in the Lands Between. Iudex A judge is a person who presides over court proceedings, either alone or as

1995-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman

SECTION 20

#1732771907945

2090-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in

2185-515: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in

2280-524: Is transacted with an agent in respect to that thing for which he is appointed, against the person who appoints him I shall grant an action." Paragraph 102, in the second part, from title XVIII "Whatever Business Is Transacted with a Shipmaster or an Agent Who Is in Another Person's Power". "Whoever hides for the purpose of defrauding his creditors, if he is not defended according to the judgment of an honorable man, I shall order his property pursuant to

2375-473: The praefectus vigilum , who was hitherto responsible for security, by a praetor populi (in Greek πραίτωρ [τῶν] δήμων, praitōr [tōn] dēmōn ), with wide-ranging police powers. In the early 9th century, the praitōr was a junior administrative official in the themata , subordinate to the governing stratēgos . Gradually however, the civil functionaries assumed greater power, and by the late 10th century,

2470-841: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,

2565-543: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to

2660-881: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit.   'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit.   'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit.   'madam judge'). There

2755-408: The jus civile . This is also called honorary law ( jus honorarium ), being so named for the high office ( honos ) of the praetor." Thus, the Praetor's Edict developed into an important vehicle for the evolution of Roman civil law. A great deal of commentary was written by jurists concerning this "praetorian law" or ius honorarium , addressing the legal principles contained in this Edict. Eventually,

2850-569: The praetor urbanus . In the absence of the consuls, he was the senior magistrate of the city, with the power to summon the Senate and to organize the defense of the city in the event of an attack. He was not allowed to leave the city for more than ten days at a time. He was therefore given appropriate duties in Rome. He superintended the Ludi Apollinares and was also the chief magistrate for

2945-497: The praitores (or kritai , "judges") were placed at the head of the civil administration of a thema . This division of civil and military duties was often abandoned in the 12th century, when the posts of civil praitōr and military doux were frequently held in tandem. The provincial post fell out of use after the collapse of the Empire in 1204. According to Helene Ahrweiler , Emperor Nikephoros II (r. 963–969) reinstituted

Praetor's Edict - Misplaced Pages Continue

3040-631: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that

3135-546: The Edict would be described or quotations would be made directly from it. Of course, much of the literature of the ancient world has been lost, the works of Roman jurists included. Those juristic works that do survive usually come from the latter, or classical, period of Roman Law. Accordingly, most of the Edict we have now is based on the content of the Edict revised in AD 129 by emperor Hadrian (see below). How much and in what fashion and degree this Edict of Hadrian's reign differs from

3230-836: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized:  faat3 gun1 daai6 jan4 , lit.   'Judge, your lordship') before

3325-653: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following

3420-633: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in

3515-420: The Praetor and his assessors and friends, as opposed to the subsellia , the part occupied by the iudices (judges) and others who were present. In court, the Praetor was referred to as acting e tribunali or ex superiore loco (lit. from a raised platform or from a higher place) but he could also perform ministerial acts out of court, in which case he was said to be acting e plano or ex aequo loco (lit. from

3610-531: The Praetor would either hear the whole case in person or appoint a delegate (a iudex pedaneus ), taking steps for the enforcement of the decision; the formula was replaced by an informal system of pleadings . During the time of the Roman Republic , the Urban Praetor allegedly issued an annual edict , usually on the advice of jurists (since the Praetor himself was not necessarily educated in

3705-463: The Praetor's de facto legislative role was abolished. The Praetors also presided at the quaestiones perpetuae (which were criminal proceedings), so-called because they were of certain types, with a Praetor being assigned to one type on a permanent basis. The Praetors appointed judges who acted as jurors in voting for guilt or innocence. The verdict was either acquittal or condemnation. These quaestiones looked into crimina publica , "crimes against

3800-469: The Pretor was called Pretură . Currently, this office has survived only in the Republic of Moldova , where praetors are the heads of Chişinău 's five sectors. In Italy, until 1998, Praetor was a magistrate with particular duty (especially in civil branch). The Italian-speaking Swiss canton of Ticino has pretori (singular: pretore ) which is the chief magistrate (civil branch) of a district, heading

3895-826: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in

Praetor's Edict - Misplaced Pages Continue

3990-492: The above discretion allowed the praetor urbanus regarding his edict was no longer considered appropriate. Accordingly circa CE 129, action was taken that severely restricted its further modification. Under the emperor Hadrian (r. 117–138), the celebrated jurist Salvius Julianus made a formal revision to the Praetor's Edict as well as to similar edicts, e.g., that of the aediles . This newly edited and consolidated version of

4085-431: The addition of praetors. Two were created in 227 BC, for the administration of Sicily and Sardinia , and two more when the two Hispanic provinces were formed in 197 BC. The dictator Lucius Cornelius Sulla transferred administration of the provinces to former consuls and praetors , simultaneously increasing the number of praetors elected each year to eight, as part of his constitutional reforms . Julius Caesar raised

4180-501: The administration of justice and promulgated the Praetor's Edict . These Edicts were statements of praetor's policy as to judicial decisions to be made during his term of office. The praetor had substantial discretion regarding his Edict, but could not legislate. In a sense the continuing Edicts came to form a corpus of precedents. The development and improvement of Roman Law owes much to the wise use of this praetorial discretion. The expansion of Roman authority over other lands required

4275-690: The assignments given to either consuls or praetors in some detail. As magistrates, they had standing duties to perform, especially of a religious nature. However, a consul or praetor could be taken away from his current duties at any time to head a task force, and there were many, especially military. Livy mentions that, among other tasks, these executive officers were told to lead troops against perceived threats (domestic or foreign), investigate possible subversion, raise troops, conduct special sacrifices, distribute windfall money, appoint commissioners and even exterminate locusts. Praetors could delegate at will. The one principle that limited what could be assigned to them

4370-535: The basis of its particulars." Paragraph 41, in the first part, from title X "Restorations to Original Status". "Whence anything is thrown out or is poured out onto that place where commonly is made a road or where persons assemble I shall grant an action, for twice as much damage as thereby is caused or done against the person who dwells there." From paragraph 61, in the second part, from title XV "Those Goods That Are in Anyone's Property". "The institorian action. Whatever

4465-511: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as

4560-408: The business in that department of the law had become considerable, but Titus reduced the number to one; and Nerva added a Praetor for the decision of matters between the fiscus ( treasury ) and individuals. Marcus Aurelius appointed a Praetor for matters relating to tutela ( guardianship ). Roman court cases fell into the two broad categories of civil or criminal trials. The involvement of

4655-458: The consuls of their judicial responsibilities, "few modern historians would accept [this] account as written". Beyond the ancient knowledge that a title of praetor dated to the beginning of the republic, what became the classical praetorship was initially a military office with imperium and "virtually identical in authority and capacity to the consulship". Furthermore, a fully-formed praetorship without colleague, as Livy's account implies, would be

4750-460: The consulship. Only in 180 BC with the passage of the lex Villia annalis was holding the praetorship after the consulship prohibited. Even after the consulship emerged from the praetorship with higher prestige and desirability, praetorian imperium was still not legally distinct (or inferior to consular imperium ) until the very end of the republic. Starting in 241 BC, praetors started to be prorogued, allowing former praetors to act in

4845-572: The consulship. There were two reasons for this: to relieve the weight of judicial business and to give the Republic a magistrate with imperium who could field an army in an emergency when both consuls were fighting a far-off war. By the end of the First Punic War , a fourth magistrate entitled to hold imperium appears, the praetor qui inter peregrinos ius dicit ("the praetor who administers justice among foreigners"). Although in

SECTION 50

#1732771907945

4940-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of

5035-425: The courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. The minimum age for holding the praetorship was 39 during the Roman Republic , but it was later changed to 30 in the early Empire . The status of the praetor in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogations in 367 BC, but it

5130-459: The decline of the other traditional Roman offices such as that of tribune , the praetorship remained an important portal through which aristocrats could gain access to either the Western or Eastern senates. The praetorship was a costly position to hold as praetors were expected to possess a treasury from which they could draw funds for their municipal duties. Like many other Roman institutions,

5225-447: The defendant ought to pay 10,000 sesterces to the plaintiff, let the iudex condemn the defendant to pay 10,000 sesterces to the plaintiff. If it does not so appear, let the plaintiff absolve him." After they were handed over to the iudex , they were no longer in iure before the Praetor, but apud iudicem . The iudicium of the iudex was binding. By the time of Diocletian , however, this two-stage process had largely disappeared, and

5320-505: The earlier Praetor's Edict of the Roman Republic are questions that may only be addressed by informed speculation. An important aspect of the Praetor's Edict concerned formulary procedure. During the late Republic, the trial at civil law increasingly employed formulary procedure. In this process, the praetor first determines the legal issue in a pending case. Then the praetor decides on a prescriptive formula which instructs what remedy will be appropriate depending on what facts are found. Then

5415-556: The edict then became fixed, subject only to changes approved by the emperor: hence, the Edictum perpetuum . Praetor Praetor ( / ˈ p r iː t ər / PREE -tər , Classical Latin: [ˈprae̯tɔr] ), also pretor , was the title granted by the government of ancient Rome to a man acting in one of two official capacities: (i) the commander of an army , and (ii) as an elected magistratus (magistrate), assigned to discharge various duties. The functions of

5510-484: The edict to be possessed, to be advertised for sale, and to be sold." Paragraph 205, in the fourth part, from title XXXVIII "Those Causes for Which a Person Enters into Possession". "As you now possess certain land about which there is the present action, which land the one party has procured from the other party neither by violence nor secretly nor by precarium, in such manner you shall possess it. Against these conditions, I forbid violence to be employed." Paragraph 247a, in

5605-399: The edict, the new praetor would usually consult with Roman jurists who were familiar with the applicable areas of the law, and who knew the emerging currents of legal change. Language from the responsa of these Roman scholars of jurisprudence often found its way into the Edict. The Praetor's Edict had legal force only during the incumbency of the particular praetor who issued it. Yet, as

5700-458: The election of three military leaders did a clear distinction emerge between what became the consuls and what became the praetors due to the "normal Roman practice to reserve one commander in or near the city for purposes of defence and (eventually) for civilian administration". The glory and prestige won by the praetors fighting foreign wars, then still in Italy, is what led to the higher prestige of

5795-422: The fifth part, from title XlIII "Interdicts", from subdivision vi "Interdict on as you possess". The Edict we have now has been reconstructed from various sources, mainly from juristic commentaries on it, such as that of Furius Anthianus . Because of its great importance, the Praetor's Edict, or portions of it, often became the subject of detailed examination and study, in the course of which the specific content of

SECTION 60

#1732771907945

5890-408: The flat ground or from an equal or level place). For instance, he could in certain cases give validity to the act of manumission when he was out-of-doors, such as on his way to the bath or to the theatre. By 395 AD, the praetors' responsibilities had been reduced to a purely municipal role. Their sole duty was to manage the spending of money on the exhibition of games or on public works. However, with

5985-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as

6080-744: The judge's powers may be shared with a jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of

6175-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט‬ , romanized :  shofét , lit.   'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני‬/גבירתי‬ , romanized:  adoni/geverti ) or Your Honor (Hebrew: כבודו‬/כבודה‬ , romanized:  kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after

6270-426: The later Empire the office was titled praetor inter cives et peregrinos ("among citizens and foreigners", that is, having jurisdiction in disputes between citizens and noncitizens), by the time of the 3rd century BC, Rome's territorial annexations and foreign populations were unlikely to require a new office dedicated solely to this task. T. Corey Brennan , in his two-volume study of the praetorship, argues that during

6365-419: The law), setting out the circumstances under which he would grant remedies. The legal provisions arising from the Praetor's Edict were known as ius honorarium ; in theory the Praetor did not have power to alter the law, but in practice the Edict altered the rights and duties of individuals and was effectively a legislative document. In the reign of Hadrian , however, the terms of the Edict were made permanent and

6460-433: The magistracy, the praetura (praetorship), are described by the adjective itself: the praetoria potestas (praetorian power), the praetorium imperium (praetorian authority), and the praetorium ius (praetorian law), the legal precedents established by the praetores (praetors). Praetorium , as a substantive , denoted the location from which the praetor exercised his authority, either the headquarters of his castra ,

6555-593: The military crisis of the 240s the second praetorship was created to make another holder of imperium available for command and provincial administration inter peregrinos . During the Hannibalic War , the praetor peregrinus was frequently absent from Rome on special missions. The urban praetor more often remained in the city to administer the judicial system. The praetor urbanus presided in civil cases between citizens. The Senate required that some senior officer remain in Rome at all times. This duty now fell to

6650-508: The new praetor Justinianus of Thrace, with authority over all the former Thracian provinces except for Lower Moesia and Scythia Minor , which became part of the quaestura exercitus . Similarly, the governors of Pisidia and Lycaonia , as well as Paphlagonia (enlarged by merging it with Honorias ) were upgraded to praetores Justiniani , and received the rank of vir spectabilis . In addition, in Constantinople he replaced

6745-447: The number to ten, then fourteen, and finally to sixteen. Augustus made changes that were designed to reduce the Praetor to being an imperial administrator rather than a magistrate. The electoral body was changed to the Senate, which was now an instrument of imperial ratification. To take a very simplistic view, the establishment of the principate can be seen as the restoration of monarchy under another name. The Emperor therefore assumed

6840-482: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and

6935-492: The past. In the earliest periods of the republic, praetor "may not have meant anything more than leader in the most basic sense", deriving from praeire (to proceed) or praeesse (to be preeminent). These early praetors may have simply been clan leaders leading "military forces privately and free from state control" with a multitude of private leaders leading private armies. These early military leaders were eventually institutionalised into fixed magistrate bodies elected by

7030-414: The people with clear state control over military activities. This was also probably assisted by "the use of recuperatores to mediate disputes and fetial priests to control the declaration of war". The effect to make it more difficult for private individuals to start wars against Rome's neighbours. Reforms in 449 BC also may have required "for the first time that all military commanders be confirmed by

7125-439: The place of a praetor (ie pro praetore ) with power only "to conduct war in his assigned provincia [with] no other concerns or duties". Prorogation, in effect, granted private individuals a legally fictitious power to act in the place of the normal magistrates, allowing them to continue to act within their assigned task ( provincia ). Prorogation allowed a magistrate, whose imperium did not expire with his term until crossing

7220-428: The pomerium or being stripped by the people, to continue in his assigned task or provincia . The elected praetor was a curule magistrate , exercised imperium , and consequently was one of the magistratus majores . He had the right to sit in the sella curulis and wear the toga praetexta . He was attended by six lictors . A praetor was a magistrate with imperium within his own sphere, subject only to

7315-527: The powers once held by the kings, but he used the apparatus of the republic to exercise them. For example, the emperor presided over the highest courts of appeal. The need for administrators remained just as acute. After several changes, Augustus fixed the number at twelve. Under Tiberius , there were sixteen. As imperial administrators, their duties extended to matters that the republic would have considered minima . Two praetors were appointed by Claudius for matters relating to Fideicommissa ( trusts ), when

7410-526: The praetor ( Greek : πραίτωρ , praitōr ) survived in the Eastern Roman Empire . Emperor Justinian I (r. 527–565) undertook a major administrative reform beginning in 535, which involved the reunification of civil and military authority in the hands of the governor in certain provinces, and the abolition of the dioceses . The Diocese of Thrace had already been abolished by the end of the 5th century by Anastasius, and its vicarius became

7505-406: The praetor assigns the case to a iudex for trial. After the facts are determined at trial, the iudex gives judgement according to the formula. The Praetor's Edict contained many different principles of law, often drawing on prior legal rulings. Besides the trial formulas, it also regulated procedural matters, such as the initiation of a legal suit. In time, such sample formulae became listed by

7600-485: The praetor in his Edict issued at the beginning of his term of office. As later summarized by the Roman jurist Papinian (c. 148–211), the law that was developed by the praetors in their Edict became an instrument which could supplement, explain, and improve the Ius civile . He writes: "Praetorian law ( jus praetorium ) is that which in the public interest the praetors have introduced in aid or supplementation or correction of

7695-424: The pre-existing contents of the ongoing edict were generally adopted by next praetor, the edict attained substantial continuity, subject to marginal changes. On the other hand, the yearly changes usually resulted in welcome legal innovations. With the accretion of annual modifications, the document grew in stature, as well as in size, scope, and reach; it became a primary source of legal growth and evolution. In 67 BCE,

7790-802: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when

7885-507: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In

7980-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or

8075-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder

8170-479: The public", such as were worthy of the attention of a Praetor. The penalty on conviction was usually death, but sometimes other severe penalties were used. In the late Republic, the public crimes were: The last three were added by the Dictator Sulla in the early 1st century BC. When the Praetor administered justice in a tribunal , he sat on a sella curulis , which was that part of the court reserved for

8265-528: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of

8360-598: The respective address. For example, Your Honor the Judge would be כבוד השופט‬ ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys  [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit.   ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if

8455-428: The subject matter addressed, without any of its substance (which is unknown to us). While much is considered authentic, uncertainties and unresolved disputes remain for further study. Much is missing. Several miscellaneous examples taken from the reconstructed Edict: "Persons under twenty-five years old. Whatever is said to have been transacted with a person less than twenty-five years old, I shall consider each case on

8550-496: The title of Praetor. In the 2016 game Doom , the armor worn by the protagonist is called the Praetor suit. In the 2017 game Xenoblade Chronicles 2 , one of the central antagonists Amalthus holds the title of Praetor in the Praetorium of Indol. In the 2020 game Deep Rock Galactic , one of the common enemies is called a Glyphid Praetorian. In the popular book series by Rick Riordan , The Heroes of Olympus , there

8645-467: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized:  faat3 gun1 gok3 haa6 , lit.   'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized:  faat gun1 , lit.   'Judge') means the word "judge". In India , judges of the Supreme Court and

8740-451: The veto of the consuls (who outranked him). The potestas and imperium (power and authority) of the consuls and the praetors under the Republic should not be exaggerated. They did not use independent judgment in resolving matters of state. Unlike today's executive branches, they were assigned high-level tasks directly by senatorial decree under the authority of the SPQR . Livy describes

8835-413: Was common practice for men to hold the praetorship after a consulship... since [doing so] was simply a method of holding imperium for a second year". Livy reports that until 337 BC the praetor was chosen only from among the patricians . In that year, eligibility for the praetura was opened to the plebeians , and one of them, Quintus Publilius Philo, won the office. Only in the 125 years after

8930-409: Was that their duties must not concern them with minima , "little things". They were by definition doers of maxima . This principle of Roman law became a principle of later European law: Non curat minima praetor , that is, the details do not need to be legislated, they can be left up to the courts. A second praetorship was created around 241 BC, more clearly separating this office from that of

9025-402: Was well known both to Livy and other Romans in the late republic that the chief magistrates were first called praetor . For example, Festus "refers to 'the praetors, who are now consuls'". The form of the republic changed substantially over its history and the accounts of the republic's development in the early imperial period are marred with anachronisms projecting then-current practices into

#944055