Define: Litem Suam Facere

Litem Suam Facere
Litem Suam Facere
Quick Summary of Litem Suam Facere

The Latin phrase “Litem suam facere” translates to “to make a suit one’s own.” In the context of Roman law, it denotes the negligence of a judex in carrying out their official duties, which may result from imprudence, such as failing to adhere to the correct procedure or formula. Such misconduct is deemed unacceptable, and a litigant has the right to take legal action against the judex. Examples of misconduct may include disregarding the formula, improperly adjourning the trial, or accepting bribes.

Full Definition Of Litem Suam Facere

Litem suam facere is a Latin term that means “to make a suit one’s own.” In Roman law, it refers to the failure of a judex to fulfil their official duty correctly, such as deviating from the proper procedure or not adhering to the formula. This failure is considered misconduct, and a litigant has the right to take legal action against the judex. The extent of actionable misconduct is not clearly defined, but it may encompass accepting bribes or engaging in other corrupt acts. For instance, if a judex fails to follow the correct procedure or formula in a court case, they are said to have litem suam facere. Similarly, if a judex accepts a bribe from one of the parties involved in the case, they are not fulfiling their official duty properly and can be sued for misconduct.

Litem Suam Facere FAQ'S

– “Litem suam facere” is a Latin term that means “to make one’s own lawsuit.” It refers to the right of a party to take control of their own legal proceedings.

– A party can exercise the right of litem suam facere when they want to take control of their own legal proceedings, rather than relying on a representative or attorney to act on their behalf.

– When a party exercises the right of litem suam facere, they take on the responsibility for managing their own legal case, including making decisions, filing documents, and representing themselves in court.

– Yes, a party can waive their right of litem suam facere by choosing to be represented by an attorney or other legal representative.

– The potential risks of exercising the right of litem suam facere include the lack of legal expertise and experience, which could result in unfavorable outcomes in the case.

– In some cases, a party may be able to change their mind and seek legal representation after initially exercising the right of litem suam facere, but this may depend on the specific circumstances of the case.

– The benefits of exercising the right of litem suam facere include having direct control over the legal proceedings, avoiding legal fees associated with hiring an attorney, and the ability to present their case in their own words.

– The right of litem suam facere may be limited in certain types of legal cases, such as those involving complex legal issues or where the court deems it necessary for the party to be represented by an attorney.

– Litem suam facere specifically refers to the right of a party to take control of their own legal proceedings, while representing oneself in court generally refers to acting as one’s own attorney in a legal case.

– Before exercising the right of litem suam facere, a party should carefully consider their legal knowledge and abilities, the complexity of the case, and the potential consequences of representing themselves in court.

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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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