Kitap 4
pr.4
However let us pass to matters of more importance. The majority regard the statement of facts as being indispensable: but there are many considerations which show that this view is erroneous. In the first place there are some cases which are so brief, that they require only a brief summary rather than a full statement of the facts.
pr.5
This may apply to both parties to a suit, as for instance in cases where there is no necessity for explanation or where the facts are admitted and the whole question turns on a point of law, as it so often does in the centumviral court, as for example when we discuss, whether the heir of a woman who has died intestate should be her son or brother, or whether puberty is to be reckoned by age or by physical development. The same situation arises also in cases where the facts admit of full statement, but are well known to the judge or have been correctly set forth by a previous speaker.
pr.6
Sometimes again the statement of facts can be dispensed with only by one party, who is generally the plaintiff, either because it is sufficient for him to make a simple summary of his case or because it is more expedient for him to do so. It may, for instance, suffice to say, I claim repayment of a certain sum of money which was lent on certain conditions or I claim a legacy in accordance with the terms of the will. It is for the other party to explain why these sums are not due to the plaintiff.
