Iudex Qui Litem Suam Facit
A judge (iudex) who formulated a wrong decision either deliberately or negligentlyRoman">[987] with the result that a litigant wrongfully suffered damage was personally liable and could be sued by the aggrieved litigant with a praetorian action for damages.[988] It should be recalled that a judge in Roman society was originally a private citizen and not necessarily an expert in legal matters.
This remained so even at a later stage, when the role of judge was granted to magistrates and imperial officials. Furthermore, if a judge did issue a wrong decision there was either no possibility of appeal or only a limited possibility. It was necessary, therefore, to provide some protection to litigants prejudiced by a wrong or unfair judgment owing to the judge's dishonesty, negligence or ignorance.4.11.2
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