what is the importance of judiciary
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The most important part was Ius Civile (latin for "civil law"). This consisted of Mos Maiorum (latin for "way of the ancestors") and Leges (latin for "laws"). Mos Maiorum was the rules of conduct based on social norms created over the years by predecessors. In 451-449 BC, the Mos Maiorum was written down in the Twelve Tables.[1][2][3] Leges were rules set by the leaders, first the kings, later the popular assembly during the Republic. In these early years, the legal process consisted of two phases. The first phase, In Iure, was the judicial process. One would go to the head of the judicial system (at first the priests as law was part of religion) who would look at the applicable rules to the case. Parties in the case could be assisted by jurists.[4] Then the second phase would start, the Apud Iudicem. The case would be put before the judges, which were normal Roman citizens in an uneven number. No experience was required as the applicable rules were already selected. They would merely have to judge the case.[5]
Pre-Classical Roman Law (264-27 BC) Edit
The most important change in this period was the shift from priest to praetor as the head of the judicial system. The praetor would also make an edict in which he would declare new laws or principles for the year he was elected. This edict is also known as praetorian law.[6][7]
Principate (27 BC - 284 AD) Edit
The Principate is the first part of the Roman Empire, which started with the reign of Augustus. This time period is also known as the "classical era of Roman Law" In this era, the praetor's edict was now known as edictum perpetuum, which were all the edicts collected in one edict by Hadrian. Also, a new judicial process came up: cognitio extraordinaria (latin for "extraordinary process").[8][9] This came into being due to the largess of the empire. This process only had one phase, where the case was presented to a professional judge who was a representative of the emperor. Appeal was possible to the immediate superior.
During this time period, legal experts started to come up. They studied the law and were advisors to the emperor. They also were allowed to give legal advise on behalf of the emperor.
Pre-Classical Roman Law (264-27 BC) Edit
The most important change in this period was the shift from priest to praetor as the head of the judicial system. The praetor would also make an edict in which he would declare new laws or principles for the year he was elected. This edict is also known as praetorian law.[6][7]
Principate (27 BC - 284 AD) Edit
The Principate is the first part of the Roman Empire, which started with the reign of Augustus. This time period is also known as the "classical era of Roman Law" In this era, the praetor's edict was now known as edictum perpetuum, which were all the edicts collected in one edict by Hadrian. Also, a new judicial process came up: cognitio extraordinaria (latin for "extraordinary process").[8][9] This came into being due to the largess of the empire. This process only had one phase, where the case was presented to a professional judge who was a representative of the emperor. Appeal was possible to the immediate superior.
During this time period, legal experts started to come up. They studied the law and were advisors to the emperor. They also were allowed to give legal advise on behalf of the emperor.
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