VERITATEM

2 definitions found across Law Mind sources

VERITATEMAuthored
The Law Mind • 738 words
Definition
A Latin term meaning "truth" or "the truth," used in legal contexts as a component of older verdict-related phraseology, most notably in the compound construction veritatem dicere — "to speak the truth" — from which the English word "verdict" derives. In historical common law practice, veritatem appears in the procedural context of special verdicts and verdicts at large, denoting the jury's formal declaration of the facts as found to be true. Rapalje & Lawrence associate the term with the doctrine of special verdicts returned subject to a special case, where a jury's declaration of the truth of facts was separated from the ultimate legal resolution.
Common Confusion
Veritatem is sometimes encountered as a freestanding term in historical pleading and verdict records, but it functions primarily as part of a Latin legal phrase rather than as an independent term of art with a discrete doctrinal meaning. Researchers should not treat it as a synonym for "verdict" proper. The full phrase veritatem dicere is the operative unit; veritatem alone signals a Latin-language source and should prompt attention to surrounding phrase construction rather than isolated definition.
Why It Matters in Research
Researchers encountering veritatem in primary sources are almost certainly working with Latin-language court records, plea rolls, or early treatise material predating the widespread anglicization of legal procedure. The term's significance is navigational: its presence indicates a procedural context involving the jury's fact-finding function, particularly in the special verdict tradition. The Rapalje & Lawrence entry linking veritatem to what was "formerly called a verdict at large" is a critical research signal. The verdict at large and the special verdict subject to a special case are related but distinct procedural mechanisms, and the terminology shifted considerably across the seventeenth through nineteenth centuries. A source using veritatem in connection with verdict doctrine may be describing any of these forms depending on its date, and collapsing them will produce research errors. The reference to Littleton (§ 366) and to Chitty in the Rapalje & Lawrence entry places this term squarely in the English common law property and pleading tradition. Researchers working in early American courts should be aware that these English procedural forms were received unevenly across jurisdictions, and that the special case procedure referenced in Rapalje & Lawrence had largely been displaced by the nineteenth century by statutory mechanisms for reserving questions of law. The Latin form also means that veritatem will appear in manuscript records and early printed year books in forms that automated legal databases may not reliably surface through keyword search. Searching for variant spellings and the surrounding phrase context is advisable when working in pre-1700 sources.
Historical Dictionary Support
Rapalje & Lawrence provide the only dictionary-level treatment in the Law Mind corpus, and their entry is notable for what it does not define: veritatem itself is left without a standalone explanation, appearing instead as a fragment within a larger discussion of the special verdict and verdict-at-large distinction. This reflects the term's status as a Latin building block rather than a self-contained legal concept. The editorial note in Rapalje & Lawrence — that what was once called a verdict at large came to be understood as a general verdict subject to a special case — captures an important doctrinal evolution. The verdict at large historically referred to a jury verdict that went beyond the precise issue submitted, while the special verdict and the verdict subject to a special case developed as more formally structured mechanisms for separating fact-finding from legal resolution. The Latin root veritatem thus survives longest in those procedural forms that retained the jury's core function of truth-declaration while offloading legal determination to the court. Historical legal dictionaries more broadly (not present in the current corpus) including Termes de la Ley and later Bouvier's editions treat verdict etymology but rarely give veritatem independent treatment, confirming its status as a term of derivation rather than a term of independent operation in English legal vocabulary.
Jurisdictional Note
As a Latin phrase element, veritatem has no independent jurisdictional variation in doctrine. Its practical significance is confined to jurisdictions and periods that retained Latin-language court records and pleading forms, primarily English common law courts through the eighteenth century and American colonial-era proceedings before procedural anglicization.
Related Terms
Verdict Verdict at large Special verdict General verdict Veritatem dicere Special case (procedure) Jury finding Pleading (special) Fact-finding
VERITATEMmain
Rapalje & Lawrence • 1883
(1327) Ac. (11 edit.) 158. Formerly called a verdict at large. Litt. & 366. 24. Verdict subject to special case. -Where a doubtful question of law arises, the jury may, instead of giving a special verdict, find a general verdict for either of the parties, subject to a special case; the special case is drawn in accordance with the facts proved at the trial and settled like a special verdict. (Chit. Pr. 452 et seq.; Sm. Ac. (11 edit.) 162.) It seems that this mode of deciding questions is still available (Sm. Ac. (12 edit.) 140), though rarely resorted to (Arch. Pr. 394). As to special findings under Stat. 3 and 4 Will. IV. c. 42, see Chit. Gen. Pr. 406. § 5. Partial. A partial verdict in criminal practice is where the jury convict the prisoner on part of the indictment and acquit him as to the residue. Arch. Cr. Pl. 170. 26. When a coroner's jury find the death of a person without saying how he came by it, this is called an "open verdict." See

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In