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DIADICA´SIA

DIADICA´SIA (διαδικασία), in its most extended sense, is almost a synonym of δίκη, but always includes the notion of a dispute between rival claimants, not an action by one against another. In purely political questions, we find the word applied to arguments which of two parties were to get the credit or bear the blame of what had happened (Aeschin. Ctes. § 146; Dem. de Chers. p. 103.57). The phrase ἐν τοῖς φίλοις διαδικάσασθαι is applied to a settlement out of court (Dem. c. Onet. i. p. 864.2). Technically, diadicasia denotes the proceedings in a contest for preference between two or more rival parties, either as to the possession of property or as to exemption from personal or pecuniary liabilities. To the former class (rights or privileges) belong cases of disputed inheritance (Dem. c. Leochar. p. 1082.7); of contests for priesthoods or temple property, several of which are recorded by the grammarians; the claims of private creditors upon a confiscated estate (Bekk. Anecd. p. 236); and the contests between informers claiming rewards offered for the discovery of crimes (Andoc. de Myst. § 28). The latter class (burdens) includes cases like the ANTIDOSIS; questions as to who should undertake a trierarchy or a choregia (Xen. Rep. Ath. 3, § § 4, 5; Dem. c. Aphob. ii. p. 841.17), or as to who was to be held responsible for debts due to the state (Dem. c. Timocr. p. 704.13; c. Everg. et Mnes. p. 1147, § § 26-32). The essential distinction between diadicasia and the ordinary δίκαι is, that all the claimants are similarly situated with respect to the subject of dispute, and no longer classified as plaintiffs and defendants. As far as forms are concerned, we are not told that these suits differed from others. (Meier, Att. Process, ed. Lipsius, p. 367 ff.; Platner, Klagen und Process, 2.309 ff.; Caillemer, Droit de Succession, p. 161 ff.; Thalheim, Rechtsalterth. § 11 = § 66 Hermann.)

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