COGNITIO EXTRAORDINARIA: In ancient Rome, a form of legal proceeding where a government official presided over the entire trial, rather than a magistrate and a lay judge. This method was employed for a range of disputes, encompassing matters of private and criminal law, as well as conflicts involving citizens and government officials.
The cognitio extraordinaria, a legal proceeding in Roman law that emerged during the Empire, was characterized by a government official controlling the entire trial process, unlike the earlier formulary system where a magistrate shaped the issues and then turned them over to a lay judge. It is sometimes shortened to cognitio. For example, this system was used to settle disputes of various kinds, including those related to private law, criminal law, and conflicts between citizens and government officials. In this system, the government official acted as both the judge and the prosecutor, and the trial consisted of only one stage. This example illustrates how the cognitio extraordinaria worked in practice, with a government official overseeing the trial proceedings instead of a magistrate and a lay judge. This system was used to settle a wide range of disputes, including those involving private law and criminal law, as well as conflicts between citizens and government officials.
Cognitio Extraordinaria is a legal term that refers to an extraordinary investigation conducted by a judge or court in certain circumstances.
A judge can initiate Cognitio Extraordinaria when there is a need to gather additional evidence or information that is crucial to the case and cannot be obtained through regular means.
Cognitio Extraordinaria is commonly used in cases involving serious crimes, complex financial frauds, or cases where national security is at stake.
Yes, a judge can initiate Cognitio Extraordinaria on their own accord if they believe it is necessary for the proper administration of justice.
During Cognitio Extraordinaria, a judge has the power to issue search warrants, seize evidence, interrogate witnesses, and take any other necessary actions to gather information.
Yes, evidence obtained through Cognitio Extraordinaria can be used in court proceedings, provided it meets the admissibility requirements and is relevant to the case.
Yes, Cognitio Extraordinaria must be conducted within the boundaries of the law and respect the rights of the individuals involved. It cannot be used as a means to violate privacy or infringe upon constitutional rights.
Yes, the parties involved can challenge the judge’s decision to initiate Cognitio Extraordinaria through appropriate legal channels, such as filing an appeal or motion to suppress evidence.
The duration of Cognitio Extraordinaria can vary depending on the complexity of the case and the amount of evidence that needs to be gathered. It can range from a few days to several months.
No, Cognitio Extraordinaria is not used in all legal systems. Its availability and application may vary depending on the jurisdiction and legal framework in place.
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: 17th April 2024.
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