APPARITIO

4 definitions found across Law Mind sources

APPARITIOAuthored
The Law Mind • 617 words
Definition
A Law Latin term from old English legal practice meaning "appearance" or "an appearance." Used specifically to denote the formal act of a party appearing before a court. The phrase *apparitio in judicio* means an appearance in court. The phrase *post apparitionem* means after appearance, referring to procedural steps or obligations that arose following a party's appearance in proceedings. APPARITIO is not a term of modern law. It survives only in historical legal sources and in the terminology of ecclesiastical courts, where it occasionally retained use longer than in common law proceedings.
Why It Matters in Research
Researchers encounter *apparitio* primarily when working with medieval and early modern English legal records, treatises written in Law Latin, or ecclesiastical court materials. The term appears in Bracton's *De Legibus et Consuetudinibus Angliae* (fol. 344) and in Fleta (lib. 6, c. 10), two foundational sources for understanding English common law procedure before the formalization of English-language pleading. The key research trap is that *apparitio* and its modern descendant "appearance" are not interchangeable without context. In historical sources, *apparitio in judicio* carries procedural weight specific to the writ-based system of medieval courts. The appearance it describes was not merely physical presence but a formal, legally recognized act with consequences for the progress of a case — default, judgment, or the ripening of obligations could turn on whether *apparitio* had occurred. Researchers working with ecclesiastical court records should note that *apparitor* (the officer who served citations and compelled appearance) shares the same Latin root. Confusing the officer (*apparitor*) with the act (*apparitio*) is a common transcription-era error in secondary literature. Because *apparitio* is essentially a synonym for the broader term APPEARANCE in its procedural sense, any corpus search for historical appearance doctrine should include this Latin form when searching manuscript sources, Year Books, or treatises written before the gradual shift to English legal drafting in the seventeenth century.
Historical Dictionary Support
The four source dictionaries agree entirely: *apparitio* means appearance, specifically appearance in court, and belongs to old practice. This is one of those entries where the historical dictionaries converge without divergence or debate. Black's (both editions) and Burrill each cite Bracton fol. 344 and Fleta lib. 6, c. 10, anchoring the term in the same primary sources. The editions of Black's differ only in minor typographic variation — the 2nd edition renders the Fleta citation as §20 where the 1st edition gives §25, likely a transcription inconsistency between editions rather than a substantive difference. Burrill adds the etymological anchor (*from apparere*), signaling that the term derives from the Latin verb meaning "to appear" or "to come before," which aids recognition of cognate forms in manuscript sources. Rapalje & Lawrence dispatch the term in four words — "An appearance (q.v.)" — directing the reader to the fuller entry under APPEARANCE. This is characteristic of Rapalje & Lawrence's treatment of Law Latin synonyms: efficient cross-referencing rather than independent treatment. What the historical dictionaries do not address is the term's survival in ecclesiastical practice or its relationship to the officer class of *apparitors*. A researcher relying solely on these dictionary entries would not be alerted to that connection.
Related Terms
APPEARANCE — the modern English equivalent and functional successor to *apparitio* APPARITOR — the court officer who compelled appearance; shares the Latin root but denotes a personnot an act DEFAULT — the consequence when *apparitio* failed to occur IN JUDICIO — the broader Latin phrase denoting proceedings before a court COMPARANCE — a Scots law and ecclesiastical law synonym for appearance in court COMPEARANCE — variant form used in Scottish procedure
APPARITIOmain
Black's Law Dictionary • 1891
In old practice. Appear- ance; an appearance. Apparitio in judicio, an appearance in court. Bract. fol. 344. Post apparitionem, after appearance. Fleta, lib. 6, c. 10, § 25.
APPARITIOmain
Rapalje & Lawrence • 1888
- An appearance (q. v.)
APPARITIOmain
Burrill's Law Dictionary • 1867
L. Lat. [from apparere, q. v.] In old practice. Appearance; an appearance. Apparitio in judicio; an appearance in court. Bract. fol. 344. apparitionem; after appearance. lib. 6, c. 10, § 25. Post Fleta,

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