Define: Citations, Law Of

Citations, Law Of
Citations, Law Of
Quick Summary of Citations, Law Of

The Law of Citations, originating from Roman law, stipulates that judges are limited to using specific juristic writers as authoritative sources in court. These writers include Papinian, Paul, Gaius, Ulpian, and Modestinus. In cases where the majority of these writers concur on a particular matter, the judge is obligated to adhere to their viewpoint. However, if they are evenly divided and Papinian remains silent, the judge is permitted to exercise their own discretion. This law facilitated the utilization of juristic literature by judges in rendering decisions.

Full Definition Of Citations, Law Of

The Law of Citations, enacted by Emperor Valentinian III in A.D. 426, established a list of five authoritative juristic writers: Papinian, Paul, Gaius, Ulpian, and Modestinus. According to this law, if a majority of these writers agreed on a legal issue, the judge was obligated to follow their view. Discretion was only allowed if the writers were evenly divided and Papinian, whose opinion prevailed in a tie, did not express his stance. For instance, if four out of the five writers agreed on a matter, the judge had to adhere to their perspective. However, if three writers supported one side and two supported the other, the judge could exercise discretion only if Papinian had not expressed his opinion. The Law of Citations helped the courts handle conflicting juristic literature by excluding a significant amount of doctrine whose relative value had not been determined. This law facilitated judges in basing their decisions on a reliable source of principle.

Citations, Law Of FAQ'S

A citation in the context of the law refers to a reference to a specific legal authority, such as a statute, regulation, case, or legal treatise. It helps to identify and locate the source of the law being cited.

To properly cite a law in your legal document, you typically need to include the title of the law, the jurisdiction (e.g., state or federal), the section or article number, and the year of enactment. Additionally, you may need to include the official citation format specific to your jurisdiction.

Yes, you can use a citation from another jurisdiction in your legal argument, but it may carry less weight depending on the circumstances. It is generally more persuasive to rely on authorities from the same jurisdiction as the case being argued.

The purpose of using citations in legal writing is to support your arguments and provide evidence for the legal principles you are asserting. Citations help to establish the authority and credibility of your legal analysis.

Yes, there are specific citation styles commonly used in legal writing, such as the Bluebook (for legal documents in the United States) and the Canadian Guide to Uniform Legal Citation (for legal documents in Canada). These citation styles provide guidelines for formatting and referencing legal authorities.

While online sources can be useful for finding legal information, it is generally recommended to rely on official print sources for legal citations. Online sources may not always be authoritative or up-to-date, so it is important to verify their accuracy and reliability.

If you cannot find a specific citation for a legal principle, you may need to rely on persuasive authority, such as legal commentary or secondary sources, to support your argument. However, it is always preferable to cite primary legal authorities whenever possible.

While it is generally preferred to use legal authorities in your legal argument, there may be circumstances where a citation from a non-legal source, such as a scholarly article or expert opinion, can be relevant and persuasive. However, it is important to ensure that the non-legal source is reliable and credible.

If a law has been amended or repealed, you should update the citation to reflect the current version of the law. This can usually be done by including the amendment or repeal information in parentheses after the citation, along with the date of the amendment or repeal.

While there may not be direct penalties for incorrect or improper citations in legal documents, it can negatively impact the credibility and persuasiveness of your arguments. It is important to ensure that your citations are accurate, properly formatted, and support the legal principles you are asserting.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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