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iudex


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In the Roman civil process, with its division into two stages, before the magistrate (in iūre) and before the judge (apud iūdicem), the iūdex was a private person taken from the higher social classes, who was appointed to conduct the hearing in the second stage. No special legal knowledge was required. The choice of the judge lay with the parties and was normally, but not necessarily, made from a panel of qualified persons. The parties' choice was approved by the magistrate before whom the proceedings in iure were conducted. The iudex could not refuse the commission conferred on him by the magistrate's order to hear the case, except on recognized grounds. For the proceedings at the trial see law and procedure, roman, §2.

Subjects: Classical Studies.


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