May 23, 2007 05:28
17 yrs ago
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English term
Canada
Sparing no effort to get it right!
Native in: Serbian 
Works in: Serbian to English, Slovenian to English, Croatian to English, and 7 more.
double jeopardy
English to Latin
Law/Patents
Law (general)
Is it "ne bis in idem" or "non bis in idem" in Latin?
"Non bis" gets outgoogled by "ne bis" by 224,000 to 178,000, but that, of course, does not necessarily make the latter correct.
Thanks in advance!
"Non bis" gets outgoogled by "ne bis" by 224,000 to 178,000, but that, of course, does not necessarily make the latter correct.
Thanks in advance!
Proposed translations
(Latin)
| 5 | Vide infra |
Joseph Brazauskas
|
Proposed translations
10 hrs
Joseph Brazauskas
United States
United States
Native in English
United States
When You Want It Done Right
Native in: English (Variant: British) 
, Spanish (Variant: Standard-Spain)
Works in: Latin to English, English to Latin, Greek (Ancient) to English, and 23 more.
Vide infra
There was no legal equivilent to 'double jeopardy' in Roman law.
'Exceptio rei in iudicium deductae' does not mean, and cannot be construed as meaning, 'double jeopardy'. The phrase merely means the objection or objections of the defendant (rei) to the plaintiff's statements, which were afterwards inserted in the praetor's edict resulting from the case. In other words, it was a matter of record, pure and simple.
Cf. Gaius, Institutes, 4.116f.; Justinian, Institues, 4.13, Digest, 44.1; Cicero, de inventione, 2.19, de oratore, 1.37.
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Note added at 12 hrs (2007-05-23 17:30:32 GMT)
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A 'litis contestatio' was a legal formality wherein the accused, having been already condemned, filed a suit in court and called witnesses in an attempt to clear his name. It was not a second trial of the accused on the same charge for which he had been convicted nor, except by Imperial decree, did it nullify the praetor's edict.
Cf. Gaius, Institutes, 3.180f.; Justinian, Digest, 3.3.40 § 3, 24.3.22 § 5.
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Note added at 12 hrs (2007-05-23 17:43:31 GMT)
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'Non bis in idem' is in fact a modern, not a classical, legal and means "that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried."
http://www.juridicaldictionary.com/Non_bis_in_idem.htm
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Note added at 2 days11 hrs (2007-05-25 16:43:11 GMT)
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In theory at least, both are correct. Whether 'non' or 'ne' is used will depend upon whether a verb in the subjunctive (much less often in the imperative) follows. Since the phrase is rarely, if ever, followed by a subordinate clause in English, it makes no difference which is used (unless one is writing in Latin).
'Exceptio rei in iudicium deductae' does not mean, and cannot be construed as meaning, 'double jeopardy'. The phrase merely means the objection or objections of the defendant (rei) to the plaintiff's statements, which were afterwards inserted in the praetor's edict resulting from the case. In other words, it was a matter of record, pure and simple.
Cf. Gaius, Institutes, 4.116f.; Justinian, Institues, 4.13, Digest, 44.1; Cicero, de inventione, 2.19, de oratore, 1.37.
--------------------------------------------------
Note added at 12 hrs (2007-05-23 17:30:32 GMT)
--------------------------------------------------
A 'litis contestatio' was a legal formality wherein the accused, having been already condemned, filed a suit in court and called witnesses in an attempt to clear his name. It was not a second trial of the accused on the same charge for which he had been convicted nor, except by Imperial decree, did it nullify the praetor's edict.
Cf. Gaius, Institutes, 3.180f.; Justinian, Digest, 3.3.40 § 3, 24.3.22 § 5.
--------------------------------------------------
Note added at 12 hrs (2007-05-23 17:43:31 GMT)
--------------------------------------------------
'Non bis in idem' is in fact a modern, not a classical, legal and means "that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried."
http://www.juridicaldictionary.com/Non_bis_in_idem.htm
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Note added at 2 days11 hrs (2007-05-25 16:43:11 GMT)
--------------------------------------------------
In theory at least, both are correct. Whether 'non' or 'ne' is used will depend upon whether a verb in the subjunctive (much less often in the imperative) follows. Since the phrase is rarely, if ever, followed by a subordinate clause in English, it makes no difference which is used (unless one is writing in Latin).
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