JUDICIA

4 definitions found across Law Mind sources

JUDICIAAuthored
The Law Mind • 1032 words
Definition
Latin plural. JUDICIA carries two distinct meanings depending on legal context: 1. In Roman law: Judicial proceedings or trials generally. The term encompassed the formal processes by which legal disputes were adjudicated under Roman procedure. JUDICIA PUBLICA referred specifically to criminal trials — proceedings brought before a public tribunal on behalf of the state, as distinguished from private civil actions. The Digest treats judicia publica systematically at Dig. 48.1. 2. In old English and common law usage: Judgments — the formal decisions or determinations rendered by a court of law. In this sense, judicia is the Latin plural of judicium and appears throughout medieval and early modern legal records, maxims, and treatises in reference to the pronouncements of courts, particularly the king's courts. Three foundational maxims attach to the term and were recited as authoritative statements of legal principle in English legal writing: — Judicia in curia regis non adnihilentur, sed stent in robore suo quousque per errorem aut attinctum adnullentur. ("Judgments in the king's courts are not to be annihilated, but are to remain in force until annulled by error or attaint.") This maxim expresses the presumptive validity and durability of judicial determinations. Cited at 2 Inst. 539. — Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. ("Judgments are, as it were, the sayings of the law, and are received as truth.") This underpins the doctrine that a court's judgment is not merely an opinion but carries the force of legal truth — the foundation of res judicata. Cited at 2 Inst. 537. — Judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam. ("Judgments frequently ripen in deliberation; never in hasty process.") A procedural principle counseling against rushed adjudication. This maxim appears in all three source dictionaries, though the entries are truncated and the full text must be sourced elsewhere.
Common Confusion
JUDICIA and JUDICIUM are frequently encountered in the same texts and can confuse researchers. JUDICIUM is the singular — a judgment, a judicial proceeding, or a trial. JUDICIA is simply the plural. The confusion is compounded because both terms appear in Latin maxims and medieval records where context, not form, determines meaning. Additionally, the Roman law sense (proceedings/trials) and the English law sense (judgments) do not map perfectly onto each other, so the same word may mean different things in a Roman law treatise versus a common law reporter or formulary. Always confirm which tradition the source is operating in before interpreting the term.
Why It Matters in Research
Researchers encounter JUDICIA most often in two contexts: Latin maxims quoted in treatises and commentaries, and original Latin records from medieval English courts. In both settings, disambiguation between the Roman and English meanings is essential. The three maxims attached to this term were not merely rhetorical flourishes. The maxims from 2 Institutes — Coke's authoritative commentary on English law — carried real doctrinal weight and were cited in arguments about the finality of judgments, the limits of review, and procedural regularity. A researcher tracing the historical foundations of res judicata, the writ of error, or attaint proceedings will encounter these maxims in context. The truncation problem in the source dictionaries is a practical hazard. All three historical entries cut off mid-sentence on the third maxim (Judicia in deliberationibus...). Researchers relying solely on these dictionary entries will have an incomplete text. The full maxim must be recovered from Coke's Institutes or later compilations of legal maxims such as Broom's Legal Maxims. For corpus researchers working with Law Mind materials, judicia as a term marker can help identify documents of Roman law provenance versus common law provenance. Judicia publica as a phrase is a reliable signal of Roman criminal law context. Judicia standing alone in a formulary or plea roll context almost always means judgments in the English sense.
Historical Dictionary Support
Black's (1st and 2nd editions) and Burrill's converge on the dual meaning structure, though Burrill is more explicit in marking the transition: it separately labels the Roman law sense and then, under a distinct heading, identifies the old English law sense as the plural of judicium. Black's editions treat the two meanings within a single entry without the same structural clarity, which can cause readers to underestimate the semantic distinction. All three sources invoke the same set of maxims, with minor textual variation. Burrill's citation to 2 Inst. 537 for the veritate accipiuntur maxim and Black's citation to 2 Inst. 539 for the curia regis maxim are consistent and reliable; both trace to Coke's Institutes of the Laws of England, a standard citation in this period. The truncated third maxim is a shared deficiency across all three dictionaries — an artifact of typesetting or editorial compression in the original print editions. None of the historical dictionaries engages with the procedural significance of judicia publica in Roman law beyond the bare label of "criminal trials," nor do they explain the institutional distinction between public and private actions that the term implies. Researchers needing that depth must consult Roman law sources directly.
Jurisdictional Note
JUDICIA as a technical term is confined to historical legal usage — Roman law, medieval English records, and maxim literature. It does not appear as operative terminology in modern statutory or case law in any common law jurisdiction. Its relevance to contemporary research is primarily interpretive and historical.
Encyclopedia Cross-Reference
Law Mind Encyclopedia — Judicial Proceedings Law Mind Encyclopedia — Roman Law: Public and Private Actions Law Mind Encyclopedia — Maxims of Law: Authority and Application
Related Terms
JUDICIUM — singular form; judgment or trial JUDEX — judge; the officer presiding over a judicium JUDICIA PUBLICA — public criminal trials in Roman law RES JUDICATA — doctrine of finality of judgments; directly supported by the veritate accipiuntur maxim WRIT OF ERROR — historical mechanism for annulling judgments; referenced in the curia regis maxim ATTAINT — historical proceeding to annul a judgment; paired with error in the curia regis maxim JUDGMENT — modern English equivalent in the common law sense TRIAL — modern English equivalent in the procedural sense
JUDICIAmain
Black's Law Dictionary • 1891
Lat. In Roman law. Judi- cial proceedings; trials. Judicia publica, criminal trials. Dig. 48, 1. Judicia in curia regis non adnihilen- tur, sed stent in robore suo quousque per errorem aut attinctum adnullentur. Judgments in the king's courts are not to be annihilated, but to remain in force until an- nulled by error or attaint. 2 Inst. 539. Judicia in deliberationibus crebro maturescunt, in accelerato processu nun- K quam. Judgments frequently become ma- tured by deliberations, never by hurried pro- cess or precipitation. 3 Inst. 210. Judicia posteriora sunt in lege for- tiora. 8 Coke, 97. The later decisions are the stronger in law. L Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments are, M as it were, the sayings of the law, and are received as truth. 2 Inst. 537.
JUDICIAmain
Black's Law Dictionary (2nd Ed.) • 1910
Lat. In Roman law. Judicial proceedings; trials. Judicia publica, criminal trials. Dig. 48, 1. Judicia in curia regis non adnihilentur, sed stent in robore suo quousque per errorem aut attinctum adnullentur. Judgments in the king’s courts are not to be annihilated, but to remain in force until annulled by error or attaint. 2 Inst. 339. : Judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam. Judgments frequently become matured by deliberations, never by hurried process or precipitation. 3 Inst. 210. Judicia posteriora sunt in lege fortiora. 8 Coke, 97. The later decisions are the stronger in law. Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments are, as it were, the sayings of the law, and are received as truth. 2 Inst. 537.
JUDICIAmain
Burrill's Law Dictionary • 1870
Lat. In the Roman law. Judicial proceedings; trials. Judicia publica; criminal trials. Dig. 48. 1. L. Lat. [pl. of judicium, q. v.] In old English law. Judgments. Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments are, as it were, the sayings of the law, and are received as truth. 2 Inst. 537. Judicia in deliberationibus crebro maturescunt, in accelerato processu nunquam. Judgments frequently become matured by deliberations; never by hurried process or precipitation. 3 Inst. 210. Judicia posteriora sunt in lege fortiora. The later judgments are the stronger in law. 8 Co. 97 a, Manning's case. Judiciis posterioribus fides est adhibenda. Faith or credit is to be given to the later judgments. 13 Co. 14, The case of Modus Decimandi.

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