
Contents
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Private Arbitration Private Arbitration
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Initiating Litigation: Choosing the Offence and the Procedure Initiating Litigation: Choosing the Offence and the Procedure
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Public and Private Public and Private
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Initiating Litigation: Filing the Charge Initiating Litigation: Filing the Charge
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The Preliminary Hearing The Preliminary Hearing
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Public Arbitration Public Arbitration
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The Trial The Trial
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Evidence Evidence
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Witnesses Witnesses
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The Verdict The Verdict
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Suggested Reading Suggested Reading
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References References
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7 Court Procedures and Arbitration
Get accessMichael Gagarin is James R. Dougherty, Jr. Centennial Professor Emeritus in the Department of Classics at the University of Texas at Austin.
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Published:08 January 2019
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Abstract
Chapter 7 considers Demosthenes’ use of court procedures and the role played by arbitration, first by describing the early stage of a dispute. In particular, it examines pre-litigation arbitration, more often known as ‘private arbitration’, and how it could occur at any stage in a dispute, even after formal charges had been filed. It then discusses the steps taken to initiate litigation when efforts to settle a dispute privately failed, such as choosing the kind of offence (for example, assault, theft, or impiety) and the procedure. The chapter goes on to explain private and public procedures, or dikê and graphê, respectively, and the distinction between them. Finally, it looks at the remaining steps in initiating litigation, namely: filing the charge, the preliminary hearing, public arbitration, the trial, presentation of evidence and witnesses, and the jury’s rendering of the verdict.
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