double jeopardy
| 05:28 May 23, 2007 |
| English to Latin translations [PRO] Law/Patents - Law (general) | |||||||
|---|---|---|---|---|---|---|---|
|
| ||||||
| Summary of answers provided | ||||
|---|---|---|---|---|
| 5 | Vide infra |
|
Answers
10 hrs confidence: 
Vide infra Explanation: There was no legal equivilent to 'double jeopardy' in Roman law. 'Exceptio rei in iudicium deductae' does not mean, and cannot be construed as meaning, 'double jeopardy'. The phrase merely means the objection or objections of the defendant (rei) to the plaintiff's statements, which were afterwards inserted in the praetor's edict resulting from the case. In other words, it was a matter of record, pure and simple. Cf. Gaius, Institutes, 4.116f.; Justinian, Institues, 4.13, Digest, 44.1; Cicero, de inventione, 2.19, de oratore, 1.37. -------------------------------------------------- Note added at 12 hrs (2007-05-23 17:30:32 GMT) -------------------------------------------------- A 'litis contestatio' was a legal formality wherein the accused, having been already condemned, filed a suit in court and called witnesses in an attempt to clear his name. It was not a second trial of the accused on the same charge for which he had been convicted nor, except by Imperial decree, did it nullify the praetor's edict. Cf. Gaius, Institutes, 3.180f.; Justinian, Digest, 3.3.40 § 3, 24.3.22 § 5. -------------------------------------------------- Note added at 12 hrs (2007-05-23 17:43:31 GMT) -------------------------------------------------- 'Non bis in idem' is in fact a modern, not a classical, legal and means "that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried." http://www.juridicaldictionary.com/Non_bis_in_idem.htm -------------------------------------------------- Note added at 2 days11 hrs (2007-05-25 16:43:11 GMT) -------------------------------------------------- In theory at least, both are correct. Whether 'non' or 'ne' is used will depend upon whether a verb in the subjunctive (much less often in the imperative) follows. Since the phrase is rarely, if ever, followed by a subordinate clause in English, it makes no difference which is used (unless one is writing in Latin). |
| |
| Login to enter a peer comment (or grade) | ||
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.
See also:
Search millions of term translations