The Ars interrogandi in the Judicial Examination (cc. 1534; 1558–1571)

The instruction phase is a crucial part of the canonical judicial process, as it is particularly aimed at uncovering the truth of the controverted matter by providing the judge(s) the proofs necessary to make a correct judgment. Canon law envisions that most of the proofs in a trial usually come fro...

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Bibliographic Details
Main Author: Steven G. Oetjen (Author)
Format: Print Article
Language:English
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Published: School of Canon Law, The Catholic University of America 2023
In: The jurist
Year: 2023, Volume: 79, Issue: 2, Pages: 325-371
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Summary:The instruction phase is a crucial part of the canonical judicial process, as it is particularly aimed at uncovering the truth of the controverted matter by providing the judge(s) the proofs necessary to make a correct judgment. Canon law envisions that most of the proofs in a trial usually come from the judicial examinations of parties and witnesses. The norms governing the judicial examination help to ensure that it is carried out in a way that is just and aimed at uncovering the truth. Beyond these norms—and in accordance with them—there is also the ars interrogandi, the art of questioning in a way that best uncovers the truth. This article seeks to develop the art of questioning in the judicial examination, drawing from both canonical and forensic literature.
ISSN:0022-6858
Contains:Enthalten in: The jurist