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legal wager
In the Roman litigation system, while the ''Legis Actiones'' procedure was in force, during the early Republic, both parties had to lay down a wager at the preliminary hearing, probably to discourage frivolous litigation. In some cases, if the party lost, the wager went to the other party, to compensate him for his inconvenience, rather than to the court to cover costs. There were three different types of ''legis actiones'', and the wager differed in each.
==Sacramentum==
This was the standard procedure for litigation under the ''legis actiones'' system, and was used whenever another procedure was not proscribed by statute. In this system, both parties had to lay down a wager of 50 ''asses'', or 500 if the matter under dispute was worth 1000 or more. The wager of the winning party would be returned, but the loser's would be forfeited to the State. While the reasoning for this lay in theory in the idea of a sacrifice to the gods, its main effect was to discourage frivolous litigation, since the sums laid down as wagers were substantial.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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