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ACTS OF THE CASE - The Acts of the Case include all of the Testimony, Records,
Briefs, and Reports submitted for review by the Court for a particular case.
ADVOCATE -Both the Petitioner and Respondent are to be informed of their right to be assisted by an Advocate. The Advocate is to be chosen from the Tribunal’s Approved List of Advocates. This list is reviewed periodically. These Advocates have received more specialized training by following the «Diploma Course of Studies in Canonical Marriage Cases, Jurisprudence and Procedures», which was set up by the Maltese Episcopal Conference under the auspices of the Maltese Metropolitan Tribunal. This Advocate will review materials received and provide some direction to the party regarding their case
AFFIRMATIVE DECREE - Also known as a Decree of Executivity. A Formal Case must have two (2) Affirmative Decisions on the same Grounds in order for the two (2) parties of the previous union to be free to marry in the Church, unless either or both are prohibited from doing so by the imposition of a Vetitum by the Tribunal. An Affirmative Decree is only issued after the two (2) Affirmative Decisions have been obtained.
ANNULMENT - The English vernacular word that is
used to refer to a Declaration of Invalidity given by a Tribunal as a
consequence of a formal, Ecclesiastical trial regarding the bond of marriage.
ASSESSOR- A person appointed by the Presiding Judge to consult with
him in summarizing the Acts of the Case and in proposing an argument for
evaluating the Acts (c. 1424).
AUDITOR- The Presiding Judge can designate an auditor from one of
the persons approved by the Archbishop to instruct the case. The Auditor is
only to collect the proofs and hand those collected over to the Judge. The
Auditor can decide what proofs are to be collected and in what manner
(c. 1428). The Metropolitan Tribunal of Malta employs a number of lay auditors.
COMPETENCE - Just as in a Civil Case, there is an issue as to which Tribunal has competence to hear the case. Competence is laid down in CIC 1983 canon 1673: “In cases concerning the nullity of marriage which are not reserved to the Apostolic See, the following are competent: 1o the tribunal of the place in which the marriage was celebrated; 2o the tribunal of the place in which the respondent has a domicile or quasi-domicile; 3o the tribunal of the place in which the petitioner has a domicile, provided that both parties live in the territory of the same conference of bishops and the judicial vicar of the domicile of the respondent gives consent after he has heard the respondent; 4o the tribunal of the place in which in fact most of the proofs must be collected, provided that consent is given by the judicial vicar of the domicile of the respondent, who is first to ask if the respondent has any exception to make.”
CONFIRMATION- A Confirmation by a
Second Instance Court must be made for any First Instance Affirmative Decision
in a Formal Case before the parties are free to marry.
COURT EXPERT - The Court Expert is a professional in a specialized field who
is appointed by the judge in a case to provide professional review of the
Marriage. Generally, the Court Expert is a professional in the field of
Psychology or Psychiatry.
DECLARATION OF INVALIDITY- A finding given by a competent Ecclesiastical authority
asserting that, while there may have been a marital relationship, there was no
canonical bond of marriage. A Formal Case must have two (2) Affirmative
Decisions on the same Grounds in order for the two (2) parties of the previous
union to be free to marry in the Church. A Declaration of Invalidity is only
issued after the two (2) Affirmative Decisions have been obtained.
DEFENDER OF THE BOND -
The Defender of the
Bond is appointed by the Archbishop. The Defender reads the testimony and
proposes everything, which reasonably can be brought forth against invalidity
(c1432). The Defender does not pass judgment on the case but provides the
judge(s) with an overview as why the marriage appears to be a valid bond.
FIRST INSTANCE COURT - The initial Court hearing the case is
considered the Court of First Instance. The Maltese Metropolitan Tribunal is
the First Instance Court.
FIRST INSTANCE DECISION - The Decision reached by a First Instance Court on a
Formal Case. If this decision is Affirmative, the decision must be confirmed by
a Second Instance Court.
GROUNDS - A Petitioner asks that the
Church Court
declare his/her marriage invalid based on specific grounds under
Church Law. The Canonical Advisor will assist the Petitioner in formulating these
grounds.
JUDGE - A Collegiate Court is made up of three
(3) judges, two of whom must be priests and/or deacons. The third Judge can be a lay man or woman. All Judges are appointed by the Archbishop.
JUDICIAL VICAR - The Judicial Vicar of the Metropolitan Tribunal is a priest and
has the responsibility for the proper application of Church Law. The Judicial
Vicar is appointed to office by the Archbishop.
LACK OF FORM - An examination of the bond of marriage based on the possible
non-observance of the required canonical form or the required sacred ritual for
members of the Catholic or
Orthodox
Churches. Though this
examination is a non-judicial procedure, the Tribunal still requires the
Petitioner to provide all necessary documentation for the process.
LIGAMEN- A judicial procedure regarding the bond of marriage based
on the possible impeding existence of an earlier, prior valid bond on the part
of one of the parties, generally the Respondent.
PAULINE PRIVILEGE - Dissolution of a valid, non-sacramental, natural bond of
marriage by the Archbishop as a favour of the faith
of two non-baptized persons (the party desires baptism and a new marriage in
the Church).
PETITION(LIBELLUS): The Canonical Advisor will assist the Petitioner in drafting a Petition to the Tribunal
specifying the grounds of Church Law to be investigated to show Invalidity for
the marriage in question.
PETITIONER - The party who is requesting the Catholic Church to issue a Declaration
of Invalidity regarding this marriage.
PETRINE PRIVILEGE - Dissolution of a valid, non-sacramental, natural bond of
marriage of a baptized person and a non-baptized person by the Roman Pontiff as a
favour of the faith in certain, specified cases.
PROHIBITION (VETITUM) - Once an Affirmative Decision is
reached by two Courts, a Decree is issued specifying that the particular marriage
investigated is invalid and so is no longer an impediment to a future marriage in the Church. If
the Second Instance Court confirms a Prohibition on a future marriage on either
or both of the parties, the Decree will provide this information along with
instructions on what is required to start the process to have the Prohibition
lifted. A priest or deacon is not free to witness a future marriage until the
Prohibition is lifted.
RESPONDENT - Once one of the parties to a marriage
has submitted a case to the Tribunal, their previous spouse has rights in the
process. The Respondent may or may not support the petition. The Tribunal is
required by Law to invite the Respondent to participate in the trial. The
Respondent is not the "defendant" in the proceedings as the Church
seeks always to defend the bond of marriage.
SECOND INSTANCE COURT - The second Court hearing the case is
called the Court of Second Instance. This Court is necessary for all Formal
Cases receiving an Affirmative Decision by a First Instance Court. This is the Regional
Tribunal of Second Instance.
SENTENCE - The judge(s) in each case write(s) a
Sentence describing the situation found in the testimony supporting the
decision reached.
TRIBUNAL- The Metropolitan Tribunal.
WARNING (MONITUM) - Once an Affirmative Decision is
reached by two Courts, a Decree is issued specifying the particular marriage
investigated is no longer an impediment to a future marriage in the Church. If
the Second
Instance Court
confirms a Monitum on a future marriage on either or
both of the parties, the Decree will provide this information. A priest or
deacon is not free to witness a future marriage of any party with a Monitum until the priest or deacon has completed a thorough
investigation of that party’s understanding and freedom to marry.
WITNESSES - The Petitioner must provide a list of
witnesses to furnish testimony regarding the marriage and parties involved. The
Respondent is free to have witnesses cited on his/her behalf as well. The
Defender and/or the Instructing Judge may also cite witnesses based on testimony received to
provide clarification to points raised. These witnesses are to offer testimony
regarding the marriage, with special emphasis on their personal knowledge of
the person(s) during the courtship and early years of the marriage.
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