Judex, a Latin word, refers to a person appointed by a magistrate to hear and decide a case. In ancient Rome, a judex was selected from a group of qualified individuals of high standing, and later became a magistrate himself. In modern times, a judex can also be a judge. There are various types of judex, including a judge to whom an appeal is made, a delegated judge under cognitio extraordinaria, and a judge with jurisdiction in his own right rather than by delegated authority. In criminal cases, the judex quaestionis is the chairman of the jury, either a praetor or a magistrate of lower rank.
The term “Judex” is a Latin word with various meanings. In Roman law, it refers to a private individual appointed by a praetor or other magistrate to preside over and make decisions in a legal case. Initially, the Roman judex was chosen from a group of qualified individuals, but later on, they themselves became magistrates. In both Roman and civil law, “Judex” simply means a judge. In historical context, it can also refer to a juror. Additionally, there are specific types of judex, such as:
1. Judex ad quem: This is a judge to whom an appeal is made in civil law.
2. Judex a quo: This is a judge from whom an appeal is made in civil law.
3. Judex datus: This is a judge assigned by a magistrate or provincial governor to preside over a case under cognitio extraordinaria.
4. Judex delegatus: This is a delegated judge under cognitio extraordinaria, also known as a special judge.
5. Judex fiscalis: This is a judge who has jurisdiction over matters related to the fiscus.
6. Judex ordinarius: This is a judge who has jurisdiction based on their own authority, rather than delegated authority.
7. Judex pedaneus: This is a judge to whom petty cases are delegated, serving as an inferior or deputy judge under cognitio extraordinaria.
8. Judex quaestionis: This is the chairman of the jury in a criminal case, who can be either a praetor or a magistrate of lower rank.
9. Judex selectus: This is a judge specifically chosen to hear the facts in a criminal case.
10. Judex specialis: This is a type of judex who serves as an inferior or deputy judge under cognitio extraordinaria. They are appointed to hear specific types of cases, such as petty cases in the case of a judex pedaneus.
For instance, a judex ad quem is a judge to whom an appeal is made in civil law. If an individual is dissatisfied with the decision made by a lower court, they can appeal to a higher court and have their case heard by a judex ad quem. Similarly, a judex specialis is a type of judex who serves as an inferior or deputy judge under cognitio extraordinaria. This means that they are appointed to preside over specific types of cases, such as petty cases in the case of a judex pedaneus.
Judex is a legal term that refers to a judge or magistrate who presides over a court case and makes decisions based on the law and evidence presented.
The role of Judex is to ensure a fair and impartial trial by interpreting and applying the law, making rulings on procedural matters, and ultimately rendering a judgment or verdict.
While Judex is a single judge or magistrate, a jury is a group of individuals selected from the community who are responsible for determining the facts of a case and reaching a verdict based on those facts.
Ideally, Judex should be impartial and unbiased, but like any human being, they may have personal biases. However, judges are expected to set aside their personal opinions and make decisions solely based on the law and evidence presented.
In some cases, you may be able to request a different judge if you can provide valid reasons for your belief that the current Judex is biased. However, such requests are typically subject to the discretion of the court.
The process of appointing or electing Judex varies depending on the jurisdiction. In some countries, judges are appointed by the executive branch of government, while in others, they may be elected by the public or appointed through a combination of methods.
In certain circumstances, a Judex may be recused or removed from a case if there is a valid reason to believe they cannot be impartial or if there is a conflict of interest. This decision is typically made by a higher court or a judicial disciplinary body.
The qualifications to become a Judex vary by jurisdiction, but they generally include a law degree, relevant legal experience, and a good standing in the legal profession. Additionally, some jurisdictions may require specific exams or certifications.
Yes, in most legal systems, the decisions made by Judex can be appealed to a higher court. The appellate court will review the case and determine if any errors were made in the application of the law or the interpretation of the evidence.
If you believe a Judex has acted improperly or violated ethical standards, you can file a complaint with the appropriate judicial conduct board or disciplinary body in your jurisdiction. They will investigate the complaint and take appropriate action if necessary.
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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