Define: Curia Per Sonse

Curia Per Sonse is a Latin term that translates to “court through sound.” It refers to a legal doctrine that allows a court to make a decision based solely on the oral arguments presented, without requiring written submissions or evidence.

Under Curia Per Sonse, the court relies solely on the oral arguments presented by the parties involved in a case. The judges listen to the arguments and make a decision based on the strength of those arguments alone, without considering any written submissions or evidence.

No, Curia Per Sonse is not commonly used in modern legal proceedings. It is an ancient doctrine that has largely fallen out of practice in favour of more comprehensive and evidence-based decision-making processes.

There are no specific legal jurisdictions that still use Curia Per Sonse as a primary decision-making process. However, some legal systems may allow for limited use of oral arguments in certain circumstances.

One advantage of Curia Per Sonse is that it can expedite the decision-making process, as it eliminates the need for extensive written submissions and evidence. It also allows for a more direct and focused exchange of arguments between the parties involved.

One major disadvantage of Curia Per Sonse is that it may not allow for a comprehensive consideration of all relevant facts and evidence. It can also potentially lead to decisions that are based on the persuasive skills of the advocates rather than the merits of the case.

In most jurisdictions, parties cannot specifically request the use of Curia Per Sonse as it is not a commonly accepted practice. However, parties may have the opportunity to present oral arguments in addition to written submissions, depending on the rules and procedures of the specific court.

Yes, modern legal systems have developed alternative methods for decision-making that involve a combination of oral arguments, written submissions, and the examination of evidence. These methods aim to ensure a more comprehensive and fair decision-making process.

Curia Per Sonse is generally considered to be an outdated and less reliable method of decision-making in today’s legal landscape. The emphasis on evidence-based decision-making and the need for a comprehensive consideration of all relevant factors have led to the decline of this doctrine in modern legal systems.