Roman law. An A.D. 426 decree of Emperor Valentinian III listing Papinian, Paul, Gaius, Ulpian, and Modestinus as juristic writers who could be cited authoritatively in court. • If a majority of the writers agreed on an issue, the judge was bound to follow the majority view. The Law of Citations allowed the judge to […]
Citations, Law of. Roman law. An A.D. 426 decree of Emperor Valentinian III listing Papinian, Paul, Gaius, Ulpian, and Modestinus as juristic writers who could be cited authoritatively in court. • If a majority of the writers agreed on an issue, the judge was bound to follow the majority view. The Law of Citations allowed
law of citations (罗马法)引证法 广义上，指判例的效力；但一般指罗马皇帝狄奥多西二世〔TheodosiusⅡ〕和瓦伦丁尼安〔ValentinianⅢ〕三世时颁布的法令，规定巴比尼安〔Papinian〕、保罗〔Paul〕、乌尔庇安〔Ulpian〕、莫德斯丁〔Modestinus〕、盖尤斯〔Gaius〕等五大法学家以及他们所引证的人的着作可以作为法律的权威予以引证，有法律的效力，对法官有拘束力；如意见有分歧，则采用多数人的意见；如分歧双方人数相等，则优先采用巴比尼安一方的观点；如巴比尼安未发表意见，则法官可自由裁量。虽然该法表明对法学家的注重达到了登峰造极的地步，但也表明了法学的衰落，以致对于法学家的观点不加评判地盲目采纳。
interpretatio (in-t[schwa]r-pri-tay-shee-oh), n. [Latin] Roman law. An opinion of a Roman jurist (an interpreter of the law, not an advocate) who did not usu. appear in court. • Such an opinion was not originally binding, but by the Law of Citations (A.D. 426), the opinions of five jurists acquired binding force. See CITATIONS, LAW OF.
lex de responsis prudentium (leks dee ri-spon-sis proo-den-shee-[schwa]m). [Latin “law on the replies of the jurisprudents”] See CITATIONS, LAW OF.
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reading. Parliamentary law. The recitation aloud of a bill or other main motion, sometimes by title only, usu. in a series of three such recitations necessary before a legislative body can pass a bill. See reading clerk under CLERK(7).
malum in se (mal-[schwa]m in sayorsee), n. [Latin “evil in itself”] A crime or an act that is inherently immoral, such as murder, arson, or rape. — Also termed malum per se. Pl. mala in se. Cf. MALUM PROHIBITUM. — malum in se, adj. “The basis for the distinction between mala in se and mala
ALWD Citation Manual. A guide to American legal citation written and edited by legal-writing professionals affiliated with the Association of Legal Writing Directors. • First published in 2000 as an alternative to the Blu-ebook, it contains one citation system for all legal documents and does not distinguish between citations in law-journal footnotes and those in
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ibid. (ib-id).abbr. [Latin ibidem] In the same place. • This abbreviation, used in citations (mostly outside law), denotes that the reference is to a work cited immediately before, and that the cited matter appears on the same page of the same book (unless a different page is specified). — Also termed ib. Cf. ID.
Bluebook. The citation guide — formerly titled A Uniform System of Citation — that is generally considered the authoritative reference for American legal citations. • The book’s complete title is The Bluebook: A Uniform System of Citation. Although it has been commonly called the Bluebook for decades, the editors officially included Bluebook in the title