An expilator is an individual who unlawfully takes or steals items that do not belong to them. In Roman law, it specifically pertains to someone who takes goods that are part of a succession, meaning they are taking items that have not yet been inherited by anyone. This differs from regular theft as the property does not yet have a legal owner.
The term “Expilator” is derived from Latin and was used in Roman law to describe a person who engaged in robbery, spoiling, or plundering. It was closely associated with the offence of unlawfully appropriating goods from an inheritance, known as “expilatio”. For instance, in ancient Rome, an expilator was an individual who would steal or loot from others, particularly during times of war or unrest. These individuals were regarded as criminals and faced severe punishment if apprehended. Expilatio was considered a grave offence in Roman law because it involved taking property that did not belong to the thief. For example, if someone passed away and their property had not yet been distributed to their heirs, taking any of that property would be deemed as expilatio. These examples demonstrate how expilator and expilatio were employed in Roman law to describe acts of theft and robbery. They highlight that appropriating property that does not rightfully belong to oneself, whether from an individual or an inheritance, was considered a serious crime.
Expilator is a legal term that refers to the act of removing or excluding evidence from a trial or legal proceeding.
Evidence can be expilated if it is deemed irrelevant, unreliable, or obtained unlawfully. The court has the authority to exclude such evidence to ensure a fair trial.
The judge presiding over the case ultimately decides whether evidence should be expilated. They consider various factors, including legal precedents and the arguments presented by both parties.
Yes, either party can request the expilation of evidence by filing a motion with the court. However, it is up to the judge to determine whether the evidence meets the criteria for expilation.
If evidence is expilated, it cannot be presented or considered during the trial. The jury or judge will not be able to use that evidence when making their decision.
No, once evidence has been expilated, it cannot be used in any future trials or legal proceedings. It is permanently excluded from consideration.
Yes, a party can appeal the decision to expilate evidence if they believe the judge made an error in their ruling. The appellate court will review the case and determine whether the expilation was justified.
Yes, there are certain circumstances where evidence may be excluded even if it would typically be admissible. For example, if the evidence was obtained through a violation of the defendant’s constitutional rights.
Yes, a judge has the authority to expilate evidence even without a motion from either party if they believe it is necessary to ensure a fair trial or protect the integrity of the legal process.
The expilation of evidence can have a significant impact on the outcome of a case. It may weaken the prosecution’s case or limit the defence’s ability to present their arguments. Ultimately, it depends on the specific circumstances and the importance of the expilated evidence to the overall case.
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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