Ming Dynasty and New Rome and Infinite Magic Machine

Chapter 1604 Roman Law

Rome used Roman law.

“So, since you intend to force Amon-Zeus to intervene in this way, let me briefly explain the process. Our current legal process is divided into two stages: the ‘fact-based trial’ and the ‘legal trial’,” Ms. Agatha explained.

“Listen carefully, this is very important.” Victoria sat across from Shangluo. “If you’re going to file a lawsuit, you need to do your research, because the court hearings are held in our area.”

Shangluo nodded: "Literally, it means that the facts and the law are tried separately? Which one comes first?"

"It depends. In criminal cases, we first conduct a fact-finding hearing, and then a legal hearing—meaning we first determine a crime that both parties can agree on through the fact-finding hearing: when, where, who, how, and what the motive was, etc. Generally speaking, the purpose of this step is to determine 'guilty' and 'not guilty.' If not guilty, then the person is released. If guilty, then the case is sent to the 'legal hearing' stage for sentencing."

"So, civil litigation is the opposite?"

"Yes, in civil litigation, the first step is a legal review. We need to determine whether the event can be considered a legal issue. Then, we examine the facts of the case, with both parties presenting evidence, and finally, the judge makes a ruling. There is a fundamental difference between criminal and civil cases here, because in the spirit of Roman law, the essence of criminal proceedings is punishment, while the essence of civil proceedings is mediation. In punishment, the law is more important. In mediation, it is more important for both parties to seek consensus."

"What if you are not satisfied with the trial? Can you appeal?"

"No. Under Rome's current legal system, civil cases cannot be appealed. Of course, in certain circumstances, you can apply for an administrative review of the court's decision—that is, no double jeopardy. Only criminal cases can be appealed."

"So, we only need to handle him once, right?"

“Hmm,” Lady Agatha nodded. “Perhaps not even once. Because if Amun-Zeus doesn’t attend the trial, the court will issue a default judgment—directly declaring you the winner. Then, it can be handed over to Lord Helios. Under the law and the contract, he is the true ‘Invincible Sun.’ The true ‘Invincible Mithras Helios’.”

The purpose of this action is to shift the initiative to Helios's home turf—Amun-Zeus is the hidden sun. If you play hide-and-seek with him, he can play forever. But if you involve legal channels, then you've entered Helios's territory.

I'm starting to suspect you deliberately used Xiao Han as bait.

"Did I? No. You were right next to me the whole time, I didn't bait the spot. Baiting the spot has to be premeditated, right?"

[Perhaps no premeditation is needed at all. I suspect you've already reached the level of cold start baiting, but I have no proof.]

"Look at what you're saying. Xiao Han is one of my closest friends and family, probably among the top few. How could I possibly betray him?"

[But if the profits are high enough, then this counts as extra money, right?]

"Okay, okay." Shangluo leaned back. "I admit, I did use it as a bait. But it definitely wasn't at the beginning."

When was that?

"It was this morning when I saw him hungry. I thought, since someone took the initiative, it's reasonable for us to fight back, right?" [Okay. At least you stood up for him, that's the right thing to do. But you used that to torment Amun-Zeus. Hmm, well done. Looks like I really should help you out in this case, Aunt Agatha. Ah, sister. Sister Agatha, please explain to him in more detail.]

"Which part?" Agatha asked. "The content of the law department cannot be summarized in just a few words."

The main difference lies in the distinction between legal review and factual review.

"This part... Okay, then let's talk about this part separately with Shangluo. First, can you tell me the difference between these two based on your intuition? That way I can confirm your level of understanding. After all, Roman law is sometimes counterintuitive. These laws were not designed to be easy to understand."

Shangluo thought for a moment: "According to my understanding, could I imagine this scenario: During a fact-finding trial, each side has a lawyer, or a lawyer and a prosecutor are facing off in court. A judge sits in the middle, perhaps bald. Witnesses are called or evidence is presented in turn. Both sides debate the evidence, and if they disagree with the other side's arguments, they say 'I have an objection!'—like that?"

"Have you ever played any courtroom debating games?"

Yes, he played it, and he really enjoyed it.

"Okay, this understanding is correct—generally correct. I won't go into the details with you, let's talk about a deeper level: we can give a general overview of the difference between legal review and fact-checking."

"Yes." Shangluo nodded. "Please go ahead."

When Agatha Christie begins with this kind of statement, it usually means that what she is about to say is likely to be very important and concise.

"The key to winning on both sides is to understand the core issues that the legal trial and the factual trial aim to resolve. The core issue that the legal trial aims to resolve is 'whether a lawsuit can be filed.' The issue that the factual trial aims to resolve is 'who is in the right.' In terms of civil litigation, the former is entirely a legal procedure and the verdict is not publicly announced. After the court decides that the matter can be brought to trial, it will convene the relevant personnel to begin the formal trial."

"I see. So I need to prepare in two ways. On the one hand, I need to provide legal basis, and on the other hand, I need to provide factual basis, right?"

"Yes. Then, the second stage will be more open. Because the decisive factor is not the judge, but an arbitrator."

"Arbitrator? So even the trials aren't conducted by judges, but by people outside the law?"

“Yes, that’s the key point,” Agatha emphasized. “That’s why I told you that Roman law has some counterintuitive aspects—in many cases, the person in charge of the trial was not a public official, but a citizen recognized by both parties.”

"why is that?"

"Don't you have this here too? I remember Shangluo himself said that when the county government makes some decisions, it can convene the scholars in the county for a village meeting, and the results of the village meeting have administrative effect—these two are the same thing, both are part of civic politics."

(End of this chapter)