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It's every lawyer's dream to help shape the law, not just react to it.
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Legal Definitions - Law of Citations
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Definition of Law of Citations
The Law of Citations is a Roman law that was established in A.D. 426 by Emperor Valentinian III. It listed five juristic writers, including Papinian, Paul, Gaius, Ulpian, and Modestinus, whose works could be cited authoritatively in court.
If a majority of these writers agreed on an issue, the judge was bound to follow the majority view. However, if the writers were equally divided and Papinian (whose view prevailed in a tie) was silent on the issue, the judge could use discretion.
The Law of Citations helped to resolve conflicts in juristic literature and provided a source of principle for judges to base their decisions on.
For example, if three of the five listed writers agreed on a legal issue, the judge would be required to follow their view. However, if only two agreed and the other three were divided, the judge could use discretion unless Papinian's view was known and prevailed in a tie.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Simple Definition
The Law of Citations is a rule from Roman law that says certain legal writers can be cited as authorities in court. These writers include Papinian, Paul, Gaius, Ulpian, and Modestinus. If most of them agree on an issue, the judge has to follow their view. If they are equally divided and Papinian is silent, the judge can use their own judgment. This law made it easier for judges to use legal literature to make decisions.
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