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A New Outline of the Roman Civil Trial$
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Ernest Metzger

Print publication date: 1997

Print ISBN-13: 9780198264743

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198264743.001.0001

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The Appointment of the Judge

The Appointment of the Judge

(p.61) 5 The Appointment of the Judge
A New Outline of the Roman Civil Trial

Ernest Metzger

Oxford University Press

This chapter discusses the second hearing before the magistrate, the hearing the magistrate must entertain when parties have not completed the proceedings in iure at their first appearance. Various sources indicate that the second hearing is concerned in part with the appointment of the judge. The chapter examines the appointment from a practical point of view: how judges are selected, when they took on the burden of liability, and why a delay before appointment might be desirable. The latter sections of the chapter look into the ‘judgeless’ formula and recuperatorial trials.

Keywords:   recuperatorial trials, ‘judgeless’ formula, judge selection, burden of liability, delay, second hearing

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