ACTIO JUDICATI Meaning and
Definition
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Actio judicati is a legal term that originates from Latin, specifically from the Roman legal system. Within this system, it refers to a specific legal action that can be taken by a plaintiff against a defendant who has been previously subjected to a judgment by a court. The phrase can be loosely translated as "action of the judged."
The concept of actio judicati revolves around the notion that a plaintiff who has previously won a lawsuit against a defendant can pursue a subsequent action in order to enforce the judgment that was rendered. This means that if the defendant does not comply with the terms of the original judgment, such as paying a monetary award or fulfilling other obligations, the plaintiff can initiate an actio judicati to compel the defendant to comply or seek additional remedies.
The specifics of actio judicati, including the procedure and remedies available, may vary depending on the jurisdiction and legal system it is being applied within. However, its underlying purpose is to provide a mechanism for the successful party in a prior lawsuit to secure the enforcement of a judgment that was previously rendered in their favor. This creates a more effective means of ensuring compliance with judicial decisions and promotes the integrity and effectiveness of the legal system as a whole.
In summary, actio judicati is a legal action available to a plaintiff who seeks to enforce a judgment that has been previously rendered by a court against a defendant who has failed to comply with the terms of that judgment.
Etymology of ACTIO JUDICATI
The phrase "actio judicati" has its roots in ancient Roman law.
"Actio" is a Latin word meaning "action" or "lawsuit", derived from the verb "agere", which means "to do" or "to act". In Roman law, "actio" referred to the formal legal procedure through which a person could seek redress or bring a case before a court.
"Judicati" is the genitive form of the Latin word "judicatus", which means "judgment" or "sentence". It is derived from the verb "judicare", meaning "to judge". In Roman law, "judicatus" referred to the final decision or ruling made by a judge or magistrate in a legal case.
Therefore, "actio judicati" can be understood as the "action for judgment" or "lawsuit for a decision".
