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Legal Definitions - comperendinatio

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Definition of comperendinatio

Definition: Comperendinatio (kom-pər-en-də-nay-shee-oh) is a term from Roman law that refers to the adjournment of an action, particularly one of the actiones legis, to hear the parties or their advocates a second time. It is a second hearing of the parties to a case, after which the judge (judex) would decide the case.

Example: In ancient Rome, if a legal case was not resolved after the first hearing, the judge would order a comperendinatio, which meant that the parties would have to return to court two days later for a second hearing. At this hearing, the judge would listen to the arguments of both sides again and then make a final decision.

Explanation: The example illustrates how comperendinatio was used in ancient Rome to ensure that both parties had a fair chance to present their arguments and evidence. By allowing a second hearing, the judge could make a more informed decision and ensure that justice was served.

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Simple Definition

Comperendinatio: In ancient Roman law, comperendinatio was a second hearing of the parties involved in a case. The judge would adjourn the action to hear the parties or their advocates a second time before making a final decision. This was particularly used in the actiones legis, which were legal actions requiring the use of a fixed form of words. The judge would decide the case at the conclusion of the second hearing.

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