The lawyer
The Advocate (Latin advocatus, advocate + = voco called to me) is that professional, usually graduate in law and typically, under national law, member of a professional body that is authorized to represent, assist and defend a party to the proceedings, before a tribunal or court proceedings, pursuant to a warrant and upon payment of a fee. The order on which it is defined as the Bar as a lawyer once he was physically located in the Forum.
Index
1 Historical origins
2 The subject of the bar in ancient Rome
2.1 The process Ancient Rome Civil
3 The lawyer in the Middle Ages
Figure 4 in the modern lawyer's lawyer
5 into Italian
6 The Trainee lawyer Ecclesiastical lawyer
7 8 Other projects
9 External links
Historical origins
Advocate Azzeccagarbugli Gonin illustration of the Betrothed by Alessandro Manzoni.La Gaul had the privilege of providing the imperial Rome a large number of lawyers, nutricola causidicorum so they called Juvenal. In Rome, had primarily a civic function and were not paid.
In the current Italian legal system there is a clear distinction between civil and criminal disputes. Civil disputes usually have as their object the establishment of a law, criminal penalties relate to a finding of violation of criminal law incriminating, namely the existence of a crime.
The subjects of the Bar in ancient Rome [edit]
Main article: Category: Roman law.
The subjects of the Bar Association are:
The Legal Adviser: Iuriconsultus (who was consulted in the manner of law). It was the expert in the law, that the lawyer; did not take the prayers. It was the party from whom the parts were going, the lawyer said this phrase: "Tell me the fact and give you the right" (Da mihi factum dabo tibi jus). Speaking of lawyers, the most famous in ancient times were: Paul
Gaius
Modestino
Ulpian.
These four famous lawyers enjoyed a very important law, the Ius Publice Respond. Today, lawyers are still the experts in the law, but the deadline has passed to indicate the university professors of law school.
The speaker: the speaker was in the process, but it was needed the presence of cliens (client), the right holder, because the speaker did not have representation of the case. Also attending the speaker and do not represent the client.
Attorney: is he acting for and on behalf of a person, entering into legal acts which go to affect the legal position of that person who gave it the power of attorney. This is a modern definition, but the prosecutor was already present in Rome. The
advocatus: they were friends of influential politicians or members of the customer who sat near him, could be more than one person. In our legal system the lawyer is a person who has attended law school and, after passing the exam, scored l'iscrizione all'albo professionale.
Il processo civile nell'antica Roma [modifica]
Le parti di un processo odierno civile e quelle nell'antica Roma
Oggi:
Gli attori = sono coloro che iniziano il processo
Il convenuto = sono coloro che vengono chiamati in causa
Nell'antica Roma:
Gli attori vengono chiamati Aulii Augerii
I convenuti sono chiamati Numerii Negerii
Il processo:
Le Legis actiones = erano previste dalle dodici tavole della legge. Inizialmente erano due:
In rem Rei vindicatio: antico rito in which you claimed a property. In personam
manus iniectio
The process formulas. The phases of this process were mainly two in Rome:
Step in iure: the parties are before a lawyer, and he's set out the required evaluation of the merits. Requests can be found grounds, in which case the deadline, otherwise you go to the next step.
If applications are not found justified, the lawyer sends the parties apud iudicem, the second stage. The iudex can be a judge or an arbitrator selected by the parties themselves. The task is to confirm the validity of requests for Aulus Auger.
Process = extra ordinem initially was born to be applied outside of Rome. To the citizens of Rome law applies ius civilis, while the population in all the provinces of Rome applied the law of jus gentium. Subsequently, the Empire during the rule of Augustus, was applied to Rome.
The advantages of this process were:
This process is by default (ie the parts are not present at the hearing and are represented by attorney).
The judge's ruling is enforceable, ie with enforceability: it has the strength to be applied. There were the
apparitores, namely those who could make the decision enforceable.
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