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A New Outline of the Roman Civil Trial$
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Ernest Metzger

Print publication date: 1997

Print ISBN-13: 9780198264743

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198264743.001.0001

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Dividing the Fictional Day

Dividing the Fictional Day

Chapter:
(p.101) 8 Dividing the Fictional Day
Source:
A New Outline of the Roman Civil Trial
Author(s):

Ernest Metzger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198264743.003.0008

This chapter begins by examining the one-day rule, a supposed rule of the Twelve Tables that a civil suit was required to be completed in one day. Using the sources of Bethmann-Hollweg, Wenger, and Kaser, it implies that the rule would ensure that all issues and evidence were put to the judge in a single sitting, allowing him to develop the truest impression of the merits of the case. The chapter also discusses how certain aspects of diem diffindere are commonly understood in light of the one-day rule. The rule serves to explain both what diem diffindere means and how a judge's power to adjourn is constrained.

Keywords:   Wenger, one-day rule, diem diffindere, Twelve Tables, Kaser, Bethmann-Hollweg

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