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Elements of Ecclesiastical Law (Volume 2); Ecclesiastical Trials. 3rd Ed. REV

Elements of Ecclesiastical Law (Volume 2); Ecclesiastical Trials. 3rd Ed. REV


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887. Excerpt: ... SECTION II. The different Stages and Formalities of Ordinary or Solemn Criminal Trials (Processus Criminalis Ordinarius) in Ecclesiastical Courts--Formalities of Ecclesiastical Trials in the United States. 982. Having shown how criminal causes are introduced into the ecclesiastical court, or how ecclesiastical criminal trials are begun also in the United States, we shall now describe the various stages or formalities of the trial itself. Here it is well to repeat, that unless the trial is conducted according to the forms prescribed by the law of the Church (wh1ch law, for criminal and disciplinary causes of ecclesiastics jn the United States, are the Instructions of the S. C. de P. F. Quamvis of July 20, 1878, and Cum Magnopere of 18841), the proceedings are null and void." It is therefore exceedingly important for all concerned to know these requisite formalities. Moreover, it is evident that unless judicial proceedings are conducted with order and method, they will end in confusion, rather than a knowledge or demonstration of the facts in the case. 983. Trials may be divided into three parts or principal stages. The first runs from the beginn1ng or opening of the case to the contestation or defendant's plea, which is called litis contestatio exclusive, and may be termed the preliminary trial, of which we have already spoken;' the second, from the plea to the definitive sentence; the third, from the final sentence to the end of the cause, or the execution of the sentence.4 Accordingly, we shall divide this section into three articles. We speak here solely of criminal trials in the ecclesiastical courts. As, however, civil trials in the ecclesiastical courts--of which we shall treat later--have many things in common with criminal ecclesiastical trials, we...


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Product Details
  • ISBN-13: 9781154079838
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 158
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 115407983X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 344 gr


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