Also known as: in law
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase referring to the initial stage of a Roman formulary trial. The stage occurred before the praetor or other judicial magistrate and served to identify the legal issues and determine competence before evidence was taken in a later proceeding before a judex.
Select any source to read its text and confirm it supports the definition.
Plaintiff Aulus filed a complaint before the praetor seeking recovery of a debt from defendant Brutus. The magistrate conducted the in jure proceeding to confirm competence and frame the legal issues. Once the formula was settled, the matter proceeded to the judex for evidence.
Merchant Claudius retained an advocate to sue a rival for breach of a sale agreement. Before the in jure stage the advocate verified a basis in law and fact. Satisfied that the claim rested on settled Roman precedent, counsel proceeded before the praetor.
Citizen Decimus sued the Roman treasury in a provincial court for breach of contract. The praetor held an in jure hearing to determine whether any immunity barred the action by a private citizen. Finding the suit prohibited, the magistrate dismissed the case for lack of competence.
Baker Fabia challenged a municipal edict limiting work hours as an interference with contract rights. The praetor framed the in jure issues by examining whether the edict violated recognized protections before sending the matter to the judex.
Youth Gaius faced charges of theft. At the in jure stage the praetor confirmed that the accuser must prove every element before any evidence was presented to the judex.
Landowner Horatius sought specific performance of a sale contract against a temple treasury. The praetor first conducted an in jure inquiry to decide whether monetary damages would be adequate before determining whether the formula permitted equitable relief.
The phrase literally means in law. It identifies the preliminary stage of a Roman formulary trial held before the praetor.
Supporting sources
The in jure stage occurred before the magistrate to frame legal issues and determine competence. Evidence was taken only in the subsequent stage before a judex.
Supporting sources
Modern courts do not employ the Roman formulary procedure. The phrase occasionally appears in historical or comparative discussions of procedural stages.
Supporting sources
…that power? The second section of the third article of the Constitution gives this court appellate jurisdiction in all cases in law and equity arising under the Constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress…