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Home » Law Dictionary » J » JUDEX

JUDEX

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Lat. Zn Roman law. A private person appointed by the prastor, with the consent of the parties, to try and decide a cause or action commenced before him. He received from the praetor a written formula Instructing him as to.the legal principles accordlng to which the action was to be judged. Calvin. Hence the proceedings before him were said to be in judicio, as those before the praetor were said to be in jure.
In later end modern eivil law. A judge in the modern sense of the term.
In old English law. A juror. A judge, in modern sense, especially as opposed to justiciarius, i c, a common law Judge to denote an ecclesiastical judge. Bract fols. 401. 402. Judex a quo. In modern civil law. The judge from whom, as judex ad quern is the judge to whom, an appeal is made or taken. Halifax, Civil Law, b. 3, c. 11, no. 34. Judex ad queln. A judge to whom an appeal is taken. Judex datns. In Roman law. A judge given, that is, assigned or appointed, by the praetor to try a cause. Judex delegatus. A delegated judge; a special judge. Judex fiscali. A fiscal judge; one having cognizance of matters relating to the fiscus, (g. v.) Judex ordinarius. In the civil law. An ordinary judge; one who had the right of hearing and determining causes as a matter of his own proper jurisdiction, (ew propria jurisdictione,) and not by virtue of a delegated authority. Calvin. Judex pedaneus. In Roman law. The judge who was commissioned by the praetor to hear a cause was so called, from the ow seat which he anciently occupied at the foot of the praetor’s tribunal. Judex aequitatem semper spectare denet. A judge ought always to regard equity. Jenk. Cent. p. 45, case 85. Judex ante oculos sequitatem semper habere debet. A judge ought always to have equity before his eyes. Judex bonus nihil ex arbitrio suo faciat, nec proposito domesticae voluntatis, sed juxta leges et jura pronunciet. A good judge should dor nothing of his own Arbitrary will, nor on the dictate of his personal inclination, but should decide according to law and justice. 7 Coke, 27a. Judex damnatur cum noceus absolvitur. The judge is condemned when a guilty person escapes punishment Judex debet judicare secundum allegata et probata. The judge ought to decide according to the allegations and the proofs. Judex est lex loquens. A Judge is the law speaking, [the mouth of the law.] 7 Coke, 4a. Judex habere debet dnos sales, salem sapientise, no sit insipidus; et salem conscientiae, no sit diabolus. A judge should have two salts, the salt of wisdom, lest he be insipid; and the salt of conscience, lest he be devilish. Judex non potest esse testis in propria causa. A judge cannot be a witness in his own cause. 4 Inst. 279. Judex non potest injuriam sibi detam punire. A Judge cannot punish a wrong done to himself. See 12 Coke, 114. Judex non reddit pins quam quod petens ipse requirlt. A judge does not give more than what the complaining party himself demands. 2 Inst. 286.

Related Posts:

  • POSTULATIO
  • PRAETOR
  • IN JUDICIO
  • ARBITER
  • IN JURE
  • SI PARET

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