| 释义 |
pre-judicial, a.2 Rom. Law.|priːdʒuːˈdɪʃəl|
[ad. L. præjūdiciālis, f. præjūdici-um a judicial examination previous to a trial (f. præ before + jūdicium judgement): see -al1.]
Applied to a class of actions in Roman Law, whereby questions of right or fact, esp. as regards status, were determined, usually with a view to further proceedings.
1651G. W. tr. Cowel's Inst. 223 Preiudiciall Actions also are reckoned among reall: now those are termed preiudiciall which arise from incident and emergent questions. 1670Blount Law Dict. s.v. Actions, Action is Pre-judicial (otherwise termed Preparatory) or else Principal. Pre-judicial is that which grows from some question, or doubt in the Principal: As if a Man sue his younger Brother for Land descended from his Father, and it is objected, he is a Bastard... This point..must be tryed, before the cause can further proceed; and therefore is termed Pre-judicialis, quia prius judicanda. 1880Muirhead Gaius 442 Prejudicial [actions] were intended merely to settle a question of right or fact, without any immediate practical result. |