What was the responsibility of the judicial branch in the Roman Republic?

History · Middle School · Mon Jan 18 2021

Answered on

In the Roman Republic, the judicial branch was primarily responsible for interpreting the law and administering justice. This was done mainly through a system of courts and the application of Roman law. Magistrates with judicial powers, such as praetors, were elected officials responsible for overseeing the legal proceedings in these courts.

The Praetor, the magistrate who was second in authority only to the Consul, played a significant role in the judicial system. The Praetor would issue an edict at the beginning of his term, outlining how he intended to interpret and apply the laws over his tenure. This essentially functioned as a form of case law, setting precedents for future decisions.

In the Roman judicial system, there were no professional judges or lawyers as we understand them today. Instead, elite citizens with legal knowledge, often senators or equestrians, would act as judges or advocates. Judges in the Republic, known as the "iudices," were typically drawn from the Senate or the equestrian order and were appointed for specific cases. These individuals were not necessarily legal professionals, but seasoned public figures with a reputation for fairness and knowledge of the law.

Trials in the Roman Republic had an accusatorial style, where the accuser and the accused would argue their cases in a public forum. The role of the iudices was to listen to these arguments, weigh the evidence presented, and deliver a verdict. These proceedings were, in many ways, legal, political, and social events.

In addition to the ordinary judicial procedures, there were also specialized courts for different types of cases such as the centumviral court which heard cases of inheritance and property.