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of refuting the defence, he could file a replicatio, explaining why the defence was not valid. The defendant could then file another exceptio, and so on. The last of these to be proved on the facts "won".

Praescriptio

This somewhat legalistic clause limited the issue to the matter in hand, avoiding litis contestatio, where the plaintiff was prevented from bringing another case against the same defendant on a similar issue.

Oath-taking

The case could sometimes be settled entirely through the preliminary hearing.

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