The term “Plus petitio” is a Latin phrase that means “overclaim” or “claiming too much.” In Roman law, it refers to the error of demanding more than what is rightfully owed in one’s legal arguments. This was not permitted under classical law, but under cognitio extraordinaria, a claimant could proceed with the action while potentially being held responsible for triple damages to anyone harmed by the exaggerated claim. Plus petitio can manifest in various ways, such as demanding a larger sum than what is owed, demanding payment before it is due, demanding payment at a different location than specified, or demanding a specific item even though the debtor had the right to choose between multiple items. After the elimination of the formula-regime, plus petitio lost its relevance, and in Justinian’s law, the plaintiff would only lose the case if they persistently and maliciously maintained their overclaim throughout the entire trial.
The term “plus petitio” in Roman law refers to the act of overclaiming or demanding more than what is rightfully owed. It occurs when an individual seeks a higher amount than they are entitled to, such as suing for $10,000 when they are only owed $5,000. In classical law, this practice was not permitted. However, under cognitio extraordinaria, the person could proceed with the legal action but may be held responsible for triple damages to those affected by the exaggerated claim. Nowadays, the term “plus petitio” is rarely utilised.
Plus petitio is a legal term that refers to a logical fallacy in which an argument or claim is based on a premise that goes beyond what is being discussed or disputed. It occurs when someone makes an argument that exceeds the scope of the issue at hand.
Plus petitio can weaken legal arguments by introducing irrelevant or extraneous information that distracts from the main point. It can lead to confusion and undermine the credibility of the argument.
No, plus petitio cannot be used as a defence strategy. It is a logical fallacy that does not provide a valid defence or justification for any legal action or claim.
While there may not be specific legal consequences for using plus petitio in court, it can harm the credibility of the person making the argument. Judges and juries are trained to recognize logical fallacies and may view the argument less favorably as a result.
To avoid using plus petitio in legal arguments, it is important to stay focused on the specific issue at hand and avoid introducing irrelevant or extraneous information. Stick to the facts and relevant legal principles to strengthen your argument.
No, plus petitio should not be used in legal writing. Legal writing should be clear, concise, and focused on the relevant issues. Introducing irrelevant information through plus petitio can weaken the overall argument and confuse the reader.
No, plus petitio is generally not acceptable in legal arguments. It is considered a logical fallacy and does not contribute to a valid or persuasive argument.
One can identify if plus petitio is being used in a legal argument by examining whether the argument goes beyond the scope of the issue being discussed. If the argument introduces irrelevant or extraneous information, it may be an indication of plus petitio.
While plus petitio may not have direct legal consequences in negotiations or settlement discussions, it can still weaken your position and hinder productive discussions. It is best to stick to the relevant issues and avoid introducing irrelevant information.
There may not be specific legal precedents or cases solely focused on plus petitio. However, logical fallacies, including plus petitio, are generally recognized and discouraged in legal arguments. Courts and legal professionals strive for logical and coherent arguments based on relevant facts and legal principles.
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: 16th April 2024.
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