Persecutio, a term derived from Latin, was employed in Roman law to refer to a lawsuit or civil claim. It falls under the category of a legal proceeding known as cognitio extraordinaria, which entails a trial overseen entirely by a government official. Previously, a magistrate would establish the matters at hand and subsequently hand them over to a lay judge. However, in cognitio extraordinaria, the government official maintains complete control. This particular legal proceeding has the capacity to resolve conflicts pertaining to private law, criminal law, and even disputes involving citizens and government officials.
Persecutio, a Latin term used in Roman law, refers to a lawsuit or civil claim under cognitio extraordinaria. This legal proceeding allows a government official to oversee the entire trial process. For instance, if someone has been wronged and seeks justice, they can file a persecutio. An example would be if someone has been deceived out of their property, they can initiate a persecutio to reclaim it. This example demonstrates how persecutio can be utilised to seek justice for a wrongdoing. The trial is controlled by a government official, and the judgement is delivered by the emperor or an imperial official acting on behalf of the emperor. Cognitio extraordinaria is closely related to persecutio and also involves a government official overseeing the trial process, in contrast to the earlier formulary system where a magistrate shaped the issues and then handed them over to a lay judge (a judex) to decide on matters of fact and law.
Persecution refers to the act of subjecting someone to cruel treatment or harassment based on their race, religion, nationality, political opinion, or membership in a particular social group.
Persecution itself is not a crime, but it often involves criminal acts such as assault, discrimination, or hate crimes, which are punishable under the law.
Yes, you can file a lawsuit against someone who has persecuted you. However, the success of your lawsuit will depend on various factors, including the evidence you have and the specific laws in your jurisdiction.
Legal protections against persecution vary depending on the country and its laws. In many jurisdictions, there are laws that prohibit discrimination and hate crimes, and international human rights conventions also provide protections against persecution.
Yes, if you are facing persecution in your home country, you may be eligible to seek asylum in another country. Asylum laws differ between countries, so it is important to consult with an immigration lawyer to understand the specific requirements and process.
The burden of proof in a persecution case typically lies with the person making the claim. This means that you will need to provide sufficient evidence to convince the court or relevant authorities that you have been or will be persecuted.
Yes, if you are a victim of persecution, it is important to report it to the police. They can investigate the matter and take appropriate legal action against the perpetrator.
The penalties for committing persecution vary depending on the jurisdiction and the specific acts involved. In many cases, perpetrators can face imprisonment, fines, or other forms of punishment.
In some cases, victims of persecution may be entitled to compensation for the harm they have suffered. This can include damages for physical injuries, emotional distress, loss of income, and other related expenses. Consulting with a personal injury lawyer can help you understand your options.
Yes, if you cannot afford legal representation, you may be eligible for legal aid or pro bono services. Contact your local legal aid organisation or bar association to inquire about available resources for your persecution 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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