Also known as: apud judicem · before the judge
Written by attorneys · grounded in primary & secondary sources — see below
The stage of a Roman or civil-law proceeding at which the parties litigate their dispute before the judge.
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Aaron Adams sat as trial judge in a contract dispute between the city and a vendor. While the case remained pending before him, Adams continued to purchase city notes. The disciplinary board found that the ongoing financial interest created an appearance of impropriety in the proceeding conducted apud iudicem.
Adrian Aguilar was appointed to represent Anthony Arnold at a capital sentencing hearing. Aguilar had previously represented the murder victim in an unrelated matter. The court examined whether the conflict required reversal of the sentence imposed after the hearing conducted apud iudicem.
Abigail Alvarez remained silent after receiving Miranda warnings during custodial interrogation. Hours later an officer asked whether she wanted to speak about the shooting. Her later statements were introduced at the trial conducted apud iudicem.
Artemis Logistics sued Apollo Energy in bankruptcy court for breach of a contract to supply fuel. The district court held that the bankruptcy judge lacked authority to enter final judgment on the state-law claim after the proceeding conducted apud iudicem.
Ashford Manufacturing employees were tried for price-fixing. The prosecution offered statements made by one defendant to a customer. The court admitted the statements after finding they were made during and in furtherance of the conspiracy at the hearing conducted apud iudicem.
Azure Solutions published Abigail Alvarez's photograph in an advertising campaign without consent. She sued for invasion of privacy. The court dismissed the claim after the hearing conducted apud iudicem because no common-law right of privacy was recognized.
It marks the phase in which the parties present evidence and arguments directly to the judge for decision rather than before a magistrate.
Supporting sources
Apud acta refers to matters recorded among the official acts of the court while apud iudicem refers to the oral presentation of the case to the judge.
Supporting sources
…by the suspect to mean that the burden is placed upon himself and that he may have counsel appointed only when brought before the judge or at trial—but not at custodial interrogation. As I view the FBI practice, it is not as broad as the one laid down today by the Court. [^maj-4]: In my view there is "no significant…