The term “Quaestio perpetua” in Latin means “perpetual inquiry.” In Roman law, it denotes a permanent commission that adjudicates criminal cases. This commission, known as “quaestiones perpetuae,” is comprised of a standing jury court established by law to adjudicate and sentence specific crimes, particularly claims of provincial extortion. The court establishes a framework for each offence or category of offences, and it overrides the jurisdiction of the assemblies and senatorial special commissions.
The term “quaestio perpetua” is a Latin phrase that means “perpetual inquiry.” In Roman law, it denotes a permanent commission that handles criminal cases. Specifically, it is a standing jury court established by law to prosecute and pass judgement on certain crimes. For instance, in 149, the lex Calpurnia was enacted, which created a lasting court of senators as sworn jurors to address allegations of provincial extortion. This court functioned as a quaestio perpetua, signifying its status as a permanent jury court designed to handle this specific type of crime. Other examples of quaestiones perpetuae include courts established to address offences like murder, treason, and bribery. These courts were established to ensure a consistent and equitable approach to dealing with these crimes, rather than relying on ad hoc commissions or the jurisdiction of the assemblies. In essence, quaestio perpetua refers to a permanent commission or court established to handle specific types of crimes, providing a framework for consistent and fair treatment of criminal cases.
Quaestio Perpetua refers to a legal concept in which a legal question is continuously debated and remains unresolved for an extended period of time.
Quaestio Perpetua can significantly impact legal proceedings as it prolongs the resolution of a legal question, leading to uncertainty and potential delays in the legal process.
Quaestio Perpetua can be applied to any legal question that remains unresolved and subject to ongoing debate among legal scholars and practitioners.
Quaestio Perpetua can undermine legal certainty as it prevents a definitive resolution to a legal question, leaving room for inconsistent interpretations and outcomes.
Quaestio Perpetua can be resolved through various means, such as legislative action, court decisions, or the development of legal precedents that provide clarity and guidance on the issue.
While Quaestio Perpetua can create uncertainty, it also allows for ongoing analysis and debate, which can lead to more comprehensive and well-informed legal solutions in the long run.
Quaestio Perpetua can pose challenges for legal professionals, as they must navigate the complexities and uncertainties associated with unresolved legal questions, potentially affecting their strategies and advice to clients.
Yes, Quaestio Perpetua can be used strategically by legal professionals to exploit the lack of a definitive answer to a legal question, potentially benefiting their clients’ interests.
Quaestio Perpetua is not a common occurrence in every legal system, but it can arise in complex and evolving areas of law where there is no clear consensus or established legal framework.
To minimize or avoid Quaestio Perpetua, legal systems can prioritize the resolution of unresolved legal questions through legislative reforms, judicial decisions, or the establishment of specialized bodies to address emerging legal issues.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/quaestio-perpetua/
- Modern Language Association (MLA):Quaestio Perpetua. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/quaestio-perpetua/.
- Chicago Manual of Style (CMS):Quaestio Perpetua. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/quaestio-perpetua/ (accessed: May 09 2024).
- American Psychological Association (APA):Quaestio Perpetua. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/quaestio-perpetua/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts