praetor


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Related to praetor: consul
See: judge

PRAETOR, Roman civil law. A municipal officer of Rome, so called because, (praeiret populo,) he went before or took precedence of the people. The consuls were at first called praetors. Liv. Hist. III. 55. He was a sort of minister of justice, invested with certain legislative powers, especially in regard to the forms or formalities of legal proceedings. Ordinarily, be aid not decide causes as a judge, but prepared the grounds of decision for the judge and sent to, him the questions to be decided between the parties. The judge was always chosen by the parties, either directly, or by rejecting, under certain rules and limitations, the persons proposes to them by the praetor. Hence the saying of Cicero, (pro Cluentis, 43,) that no one could be judged except by a judge of his own choice. There were several kinds of officers called proctors. See Vicat, Vocab.
     2. Before entering on his functions he published an edict announcing the system adopted by him for the application and interpretation of the laws during his magistracy. His authority extended over all jurisdictions, and was summarily expressed by the word do, dico, addico, i, e. do I give the action, dico I declare the law, I promulgate the edict, addico I invest the judge with the right of judging. There were certain cases which he was bound to decide himself, assisted by a council chosen by himself perhaps the Decemvirs. But the greater part of causes brought before him, be sent either to a judge, an arbitrator, or to recuperators, (recuperatores,) or to the centumvirs, as before stated. Under the empire the powers of the praetor passed by degrees to the praefect of the praetorium, or the praefect of the city; so that this magistrate, who at first ranked with the consuls, at last dwindled into a director or manager of the public spectacles or games.
     3. Till lately, there were officers in certain cities of Germany denominated praetors Vide 1 Kent, Com. 528.

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In fact a better solution might be to declare a non-liquet and rely on equity praetor legem as fairness to preserve the statehood of Atlantis.
44,4,1,1 PAULUS libro LXXI ad Edictum: Ideo autem hanc exceptionem Praetor proposuit, ne cui dolus suus per occasionem iuris civilis contra naturalem aequitatem prosit (Mas el Pretor propuso esta excepcion, para que a nadie la aproveche contra la natural equidad su propio dolo con ocasion del derecho civil), en el cual se indica la ratio que inspiro la creacion de tal excepcion residente en la exigencia de evitar que alguien mediante el ejercicio doloso de un derecho propio que le haya sido reconocido por el derecho ciivl pueda conseguir una ventaja contrariando la equidad natural.
archbishops and bishops, deacons and subdeacons, patricians, praetors,
In about 366 BCE, the praetor became the Chief Justice of Roman citizens.
This great Roman soldier served as praetor in Spain in the first century B.
After the Enterprise is diverted to the Romulan planet of Romulus, supposedly because they want to negotiate a truce, the Federation soon finds out that the Romulans are planning an attack on Earth, while Captain Jean-Luc Picard faces off against the new Romulan praetor, a clone of himself.
Roman law where the praetor would endorse a false procedural statement,
101) Their function was to advise the praetor (magistrate) and judex (judge).
praetor, T rosalinda, T taczanowskii; y el soricomorfo Cryptotisperuviensis.
En si, el Consul tenia a su encargo el mantenimiento del orden publico, y podia tener la competencia en materia de justicia civil, pero unicamente respecto de actos de jurisdiccion voluntaria y no contenciosa, que le fue confiada al praetor urbano.
In hoc discrimine ludos Ioui, si ui fudisset cecidissetque hosteis, praetor uouit.
10) Later, the praetor (a special Roman magistrate whose job was, in part, to mitigate the harshness of the ius civile) would intervene, at least in extreme cases, such as when acts were compelled by duress.