formulary system (罗马法)程式诉讼制度 使罗马法在古典时代得以实施和发展的一种民事诉讼制度。其特点在于每一项诉讼事由都有用特定程式表达的适当的诉讼形式。这种程式构成诉讼中的请求并显示双方的争执点。每一案件先由原告及其顾问要求裁判官准予使用适合原告请求的程式。得到书面批准并由裁判官签署后，双方当事人来到承审员〔judex〕前，提出证据；承审员则根据程式所定争执点的证据，作出判决。每一项诉讼事由有它自己的程式这一原则，赋予裁判官以发展法律的广阔天地。每认可一项新的程式，实质上创制了一项新的诉讼事由。裁判官可以在无先例的情况下允准新的适合案情的程式。裁判官在每一次诉讼中均处于解决争端的关键性位置。在古典法时代以后，程式诉讼为非常诉讼〔cognitio extraordinaria〕程序所取代。
formulary. 1. Hist. A collection of the forms of proceedings (formulae) used in litigation, such as the writ forms kept by the Chancery. See WRIT SYSTEM. 2. A list of drugs that Medicare or a health-maintenance organization will pay for.
formulary procedure. Hist. The common-law method of pleading and practice, which required formulaic compliance with the accepted forms of action even if through elaborate fictions. • In the 19th century, this type of procedure was replaced both in the United States and in England. See code pleading under PLEADING(2).
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in judicio (in joo-dish-ee-oh), adv. & adj.[Latin] Before the judge. • The phrase is still sometimes used. Originally, in Roman law, in judicio referred to the second stage of a Roman formulary trial, held before a private judge known as a judex. — Also termed apud judicem. See FORMULA(1). Cf. IN JURE (2).
cognitio extraordinaria (kog-nish-ee-oh ek-stror-di-nair-ee-[schwa] or ek-str[schwa]-or-). [Latin] Roman law. A type of legal proceeding, arising at the beginning of the Empire, in which a government official controlled the conduct of a trial from beginning to end, as opposed to the earlier formulary system in which a magistrate shaped the issues and then turned the issues
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libellus conventionis (l[schwa]-bel-[schwa]s k[schwa]n-ven-shee-oh-nis). [Latin] Roman law. The statement of a plaintiff’s claim in a petition sent to the magistrate, who directs its delivery to the defendant. “The libellus conventionis was very like the intentio of the formulary system, and the modern statement of claim, since it set forth in a succinct manner the nature
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in jure (in joor-ee). [Latin “in law”] 1. According to the law. 2. Roman law. Before the praetor or other magistrate. • In jure referred to the first stage of a Roman formulary trial, held before the praetor or other judicial magistrate for the purpose of establishing the legal issues and their competence. Evidence was
formula. [Latin “set form of words”] 1. Roman law. A written document, prepared by a praetor and forwarded to a judex, identifying the issue to be tried and the judgment to be given by the judex. • It was based on model pleas formulated by the praetor in his edict and adapted by him or
demonstratio (dem-[schwa]n-stray-shee-oh), n. [fr. Latin demonstrare “to show”] Roman law. 1. A description, as in falsa demonstratio (a false description of something or someone in a will). 2. Under the formulary procedure, the statement of facts in a formula, forming the basis of a claim. Pl. demonstrationes (dem-[schwa]n-stray-shee-oh-neez). See FORMULA(1).