Legal Foundations and Case Analysis
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Questions and Answers

What is the purpose of a case citation?

  • To describe the legal issue.
  • To summarize the judge's opinion.
  • To identify a past court decision. (correct)
  • To outline the facts of the case.

Which of the following is NOT a component of a case citation?

  • Names of those involved in the case.
  • The legal issue to be decided. (correct)
  • The year the decision was made.
  • Where the case was reported.

What is the primary function of a case brief?

  • To formally present a case in court.
  • To summarize a legal decision. (correct)
  • To provide a detailed analysis of the case facts.
  • To describe the background of the case.

When analyzing a case using a case brief, what does the 'I' in F-I-D-O represent?

<p>The legal issue. (A)</p> Signup and view all the answers

In the case of Dudley and Stevens, what was the 'necessity' defense they attempted to use?

<p>The lack of a reasonable alternative. (B)</p> Signup and view all the answers

In the case of Dudley and Stevens, why did they kill Richard Parker?

<p>He was weak and they believed eating him was essential for their survival. (A)</p> Signup and view all the answers

What role did Mr. Brooks play in the case against Dudley and Stevens?

<p>He testified against them. (D)</p> Signup and view all the answers

In the Dudley and Stevens case, what was the main conflict between the sailors' actions and the law?

<p>The act of killing a crew member. (D)</p> Signup and view all the answers

What type of intellectual property protection was Lego seeking for its toy bricks?

<p>Trademark (C)</p> Signup and view all the answers

Why did the court deny Lego's trademark claim on its toy bricks?

<p>The design was deemed functional. (B)</p> Signup and view all the answers

According to the content, how long does a standard patent typically last?

<p>20 years (C)</p> Signup and view all the answers

In Ancient Greece, who was the only group allowed to vote?

<p>Free men (C)</p> Signup and view all the answers

Which of the following describes the role of the jury in the court system of Ancient Greece?

<p>Voting on guilt and punishment (C)</p> Signup and view all the answers

What is meant by the term 'codified' law?

<p>Laws that are recorded and organized (D)</p> Signup and view all the answers

What is the name of the famous set of laws from Ancient Babylon?

<p>Code of Hammurabi (B)</p> Signup and view all the answers

Which of these was a set of laws created by the Romans?

<p>The Twelve Tables (D)</p> Signup and view all the answers

Who was the Emperor whose legal codes formed the basis of many modern justice systems?

<p>Justinian (B)</p> Signup and view all the answers

According to the Twelve Tables, what would happen if a defendant did not appear in court after being summoned?

<p>The plaintiff must call a witness and then seize the defendant. (B)</p> Signup and view all the answers

According to the Twelve Tables, what is the consequence for committing perjury?

<p>Civil penalty (C)</p> Signup and view all the answers

What criteria does Justinian's Code use to determine if someone is a slave?

<p>The mother's status (C)</p> Signup and view all the answers

According to Justinian's Code, at what age could a male adopt another person?

<p>20 years (C)</p> Signup and view all the answers

According to Justinian's Code, who owns precious stones and gems?

<p>The landowner (B)</p> Signup and view all the answers

According to Justinian's Code, would a person be held liable for an accidental killing?

<p>No, never (B)</p> Signup and view all the answers

What was the primary legal issue in the R. v. Dudley and Stevens case?

<p>Whether necessity could be a defence for murder. (A)</p> Signup and view all the answers

Why was Parker chosen as the victim in the R. v. Dudley and Stevens case?

<p>He was the youngest, weakest, and lowest-ranking on board. (C)</p> Signup and view all the answers

What was the final sentence given to Dudley and Stevens after their conviction?

<p>6 months' imprisonment (B)</p> Signup and view all the answers

Why was Brookes not charged with murder in the R. v. Dudley and Stevens case?

<p>He did not participate in the killing of Parker. (B)</p> Signup and view all the answers

According to the provided text, what is the primary purpose of law in a society?

<p>To provide order, resolve disputes, protect persons, property, and rights, and embody the goals and values of the society. (D)</p> Signup and view all the answers

What is meant by the concept 'Rule of law'?

<p>Laws apply to everyone equally, and no one can unlawfully remove our rights. (A)</p> Signup and view all the answers

Which statement best defines domestic law?

<p>Law that applies within a country's territory. (D)</p> Signup and view all the answers

According to the text which legal system applied to the sailors in the R. v. Dudley and Stevens case?

<p>The law of the country where the ship was registered, England. (D)</p> Signup and view all the answers

What does jurisprudence primarily study?

<p>The philosophical basis of law, its history, culture and moral impact. (D)</p> Signup and view all the answers

In the case of Kirkbi AG v. Ritvik Holdings Inc., why did Lego file a lawsuit against Mega Bloks?

<p>For trademark infringement on the appearance of its pieces. (D)</p> Signup and view all the answers

What was the decision of the panel of judges in R v Dudley and Stevens?

<p>That necessity is not a defence to murder. (B)</p> Signup and view all the answers

What is the main difference in terms of enforcement between domestic and international law?

<p>Domestic law usually has stronger enforcement mechanisms as courts are within each country, whereas international law is limited to agreed upon circumstances. (D)</p> Signup and view all the answers

In Canada, some laws serve a largely practical purpose, and don’t have an obvious link to morality, the content gives what example?

<p>Drivers license requirements. (A)</p> Signup and view all the answers

According to the provided text, what is a key characteristic of the laws of Canada?

<p>They reflect a codification of a collective community standards and morality. (B)</p> Signup and view all the answers

How long is the warranty of prescriptive right in land to acquire ownership?

<p>Two years (C)</p> Signup and view all the answers

What is an example of a law that reflects the moral values of Canadian society provided in the text?

<p>The offence of bigamy. (A)</p> Signup and view all the answers

What is the prescriptive right for ownership of all other things, besides land?

<p>One year (D)</p> Signup and view all the answers

How can a woman interrupt her husband's prescriptive right of marital control?

<p>By absenting herself for three successive nights each year (C)</p> Signup and view all the answers

What is the legal consequence of removing timber fixed in buildings or vineyards?

<p>An action for double damages against the person who fixed them (C)</p> Signup and view all the answers

What should be the clearance around property boundaries according to the text?

<p>Two and one-half feet (B)</p> Signup and view all the answers

How wide should a road be on a straight stretch?

<p>Eight feet (B)</p> Signup and view all the answers

How wide should a road be on a bend?

<p>Sixteen feet (C)</p> Signup and view all the answers

What is the rule of gathering fruit fallen on another's land?

<p>It is lawful to gather fruit fallen upon another's farm (C)</p> Signup and view all the answers

What is the condition for a sold and delivered article to be acquired by the purchaser?

<p>The price must be paid or the seller satisfied in some other way (D)</p> Signup and view all the answers

What is the penalty for composing an incantation that causes disgrace?

<p>A capital penalty (D)</p> Signup and view all the answers

What is the penalty for breaking a bone of a freeman with a hand or club?

<p>300 asses (C)</p> Signup and view all the answers

What penalty is stipulated for committing an outrage against another?

<p>25 asses (C)</p> Signup and view all the answers

What is one option for the owner of a quadruped that caused damage?

<p>Surrender the animal that caused the damage (D)</p> Signup and view all the answers

What is the penalty for someone who pastures on another's crops at night?

<p>Capital punishment (A)</p> Signup and view all the answers

What is the penalty for felling another's trees unjustly?

<p>A fine of 25 asses for each tree (C)</p> Signup and view all the answers

According to the provided legal text, what should happen if a summoned defendant is unable to travel to court due to age or illness?

<p>The person who summoned them must provide transportation. (B)</p> Signup and view all the answers

When are legal proceedings required to end if both parties are present?

<p>At sunset. (C)</p> Signup and view all the answers

If a debtor fails to pay their debt within the allotted time and no surety is offered, what can the creditor do?

<p>They can hale the debtor into court and take them as a prisoner. (B)</p> Signup and view all the answers

In cases of debt where the debtor is taken into custody, how much food must the creditor provide per day, if they do not live on their own means?

<p>One pound of grits, but more can be given. (C)</p> Signup and view all the answers

What is the duration that debtors are held in bonds before being brought to the marketplace?

<p>Sixty days. (C)</p> Signup and view all the answers

What could happen to debtors at the marketplace if they have not reached a compromise over financial issues?

<p>They could face capital punishment or be sold abroad. (C)</p> Signup and view all the answers

What should happen to a child who is born 'notably deformed'?

<p>They must be killed immediately. (C)</p> Signup and view all the answers

Under what circumstance does a son become free from the power of his father?

<p>If he is sold three times by his father. (A)</p> Signup and view all the answers

Why are women 'of full age' placed under guardianship?

<p>Because of their 'levity of mind'. (A)</p> Signup and view all the answers

What is an exception to the rule that women must be under guardianship?

<p>Vestal virgins. (D)</p> Signup and view all the answers

If someone dies without a will or a direct heir, who should inherit their estate according to the text?

<p>Their nearest male agnate. (D)</p> Signup and view all the answers

What should happen to a 'spendthrift' when the administration of their own goods is forbidden?

<p>They are placed under guardianship of their male agnates. (A)</p> Signup and view all the answers

For a sale, who is liable for undisclosed flaws in the goods?

<p>The vendor is liable for flaws mentioned, and for flaws they have denied when questioned about them. (B)</p> Signup and view all the answers

What is the penalty for a seller who has directly denied a flaw, when questioned?

<p>They must give the vendor double the damage/cost. (A)</p> Signup and view all the answers

When can a trial be postponed, according to the provided legal text?

<p>If a litigant has a serious illness, or cannot attend for pre-arranged reasons. (D)</p> Signup and view all the answers

What is the penalty for a guardian who steals a ward's property?

<p>An action against the guardian for double damages, and each guardian is held liable for the entire sum. (D)</p> Signup and view all the answers

What happens to someone who is found guilty of bearing false witness?

<p>They are flung from the Tarpeian Rock. (A)</p> Signup and view all the answers

If a weapon is accidentally discharged from someone's hand and causes harm, what offering is required to prevent blood revenge?

<p>A ram (B)</p> Signup and view all the answers

What happens to someone who pastures on or cuts another's crops at night?

<p>They are subjected to capital punishment and are hung up as a sacrifice to Ceres. (C)</p> Signup and view all the answers

What is forbidden regarding nocturnal meetings within the city?

<p>No person shall hold nocturnal meetings in the city. (A)</p> Signup and view all the answers

What restriction applies to the laws of personal exception?

<p>Laws of personal exception shall not be proposed. (B)</p> Signup and view all the answers

What is the punishment for a judex or arbiter who is convicted of taking money for a decision?

<p>They are punished capitally. (D)</p> Signup and view all the answers

What is prohibited regarding the burial or cremation of a dead person within the city?

<p>A dead person shall not be buried or burned in the city. (B)</p> Signup and view all the answers

What specific restriction applies to smoothing a funeral pyre?

<p>One shall not smooth a funeral pyre with an ax. (A)</p> Signup and view all the answers

What limitation is placed on the number of mourners allowed at a funeral?

<p>No more than 3 mourners wearing veils, 1 in a purple tunic and 10 flutists are allowed. (C)</p> Signup and view all the answers

According to the provided laws, which practice related to a deceased person is specifically abolished?

<p>Anointing by slaves is abolished and every kind of drinking bout at a funeral. (C)</p> Signup and view all the answers

How close to another's building is it forbidden to build a new pyre without consent?

<p>Less than 60 feet. (A)</p> Signup and view all the answers

What is prohibited concerning intermarriage?

<p>There shall not be intermarriage between plebeians and patricians. (D)</p> Signup and view all the answers

What action can be taken against a person who has been granted an interim possession unjustly?

<p>They shall settle the plaintiff's loss of enjoyment of the thing by paying double damages. (C)</p> Signup and view all the answers

What is the penalty for dedicating something for consecrated use if there is a conflict of ownership?

<p>A penalty of double the value involved shall be suffered. (A)</p> Signup and view all the answers

According to Roman law, what is the foundation of justice?

<p>The constant and perpetual wish to render every one his due. (C)</p> Signup and view all the answers

What are the three core tenets of Roman law according to the text?

<p>Living honestly, hurting no one, and giving everyone their due. (A)</p> Signup and view all the answers

What is the primary focus of private law, as opposed to public law?

<p>The interest of individuals. (A)</p> Signup and view all the answers

What is included in the concept of 'natural law'?

<p>Laws that nature teaches to all animals, including humans. (A)</p> Signup and view all the answers

What distinguishes civil law from the law of nations?

<p>Civil law varies by state, while the law of nations applies to all mankind. (D)</p> Signup and view all the answers

What is the definition of a 'lex' in Roman law as described?

<p>A law enacted by the Roman people after proposal by a senatorian magistrate. (A)</p> Signup and view all the answers

What was the significance of the Hortensian Law concerning plebiscita?

<p>It gave plebiscita the same authority as leges. (B)</p> Signup and view all the answers

How did senatusconsulta gain legal authority in Roman law?

<p>Because of the difficulty assembling the Roman people to enact laws. (D)</p> Signup and view all the answers

How does the emperor's power to enact laws derive from the people?

<p>Through the Lex Regia, where the people transfer their power to him. (C)</p> Signup and view all the answers

What distinguishes personal imperial constitutiones from general ones?

<p>Personal ones only apply to specific cases, while general ones apply broadly. (A)</p> Signup and view all the answers

How does the text describe the status of slavery under natural law?

<p>It is contrary to natural law, which dictates all are born free. (D)</p> Signup and view all the answers

What is an example of an activity first introduced through the law of nations?

<p>Buying and selling. (D)</p> Signup and view all the answers

Who determines 'plebiscita'?

<p>The plebs (A)</p> Signup and view all the answers

What is the meaning of 'Jurisprudence' as described in the text?

<p>The knowledge of divine and human things, and the science of the just and unjust. (C)</p> Signup and view all the answers

What is the role of the Praetors?

<p>Their edicts hold great authority. (B)</p> Signup and view all the answers

What is the ius honorarium primarily based on?

<p>Sanctions by state magistrates (C)</p> Signup and view all the answers

What was the role of the jurisconsulti?

<p>To interpret and publicly explain the law (D)</p> Signup and view all the answers

How is unwritten law established?

<p>By ancient customs and consent (C)</p> Signup and view all the answers

What is a key distinction between the laws of nature and state laws?

<p>Laws of nature are immutable, whereas state laws can change. (D)</p> Signup and view all the answers

What is the primary division in the rights of persons?

<p>Free persons and slaves (C)</p> Signup and view all the answers

What is the definition of freedom, as described in the provided text?

<p>The natural power to act as one wishes without force or law. (A)</p> Signup and view all the answers

What is slavery?

<p>An institution of the law of nations, making one man another's property. (C)</p> Signup and view all the answers

Why are slaves also called mancipia?

<p>Because they are captured by force from the enemy. (D)</p> Signup and view all the answers

How is a person born into slavery?

<p>If their mother is a slave. (A)</p> Signup and view all the answers

What is a primary determinant of whether a child is born free, even if the mother was a slave?

<p>Whether the mother was free at the moment of the birth. (A)</p> Signup and view all the answers

What is the definition of 'ingenuus'?

<p>Someone who was never in the position of a slave. (C)</p> Signup and view all the answers

What does the term 'manumission' specifically refer to?

<p>The process of freeing someone from slavery (C)</p> Signup and view all the answers

Where does the institution of manumission come from?

<p>It arises from the law of nations. (A)</p> Signup and view all the answers

What is the lowest class of freedmen?

<p>Dedititii (C)</p> Signup and view all the answers

Which of these is not a method of manumission?

<p>By order of a magistrate (C)</p> Signup and view all the answers

What is considered to have recovered its natural liberty, according to the text?

<p>A wild animal that has been wounded but is able to escape. (D)</p> Signup and view all the answers

If a wild beast is wounded and can be easily captured, who owns it?

<p>The first person who captures it. (D)</p> Signup and view all the answers

What is the status of bees that swarm on your tree before you hive them?

<p>They are not your property until you hive them. (D)</p> Signup and view all the answers

What happens to a swarm of bees that fly from your hive?

<p>They are your property as long as you can easily pursue them. (C)</p> Signup and view all the answers

Which of these animals is considered to be naturally wild, according to the text?

<p>Peacocks (C)</p> Signup and view all the answers

What is the rule regarding animals that are in the habit of going and returning?

<p>They are considered your property as long as they have the intention of returning. (D)</p> Signup and view all the answers

How do we know that fowls and geese are not naturally wild?

<p>There are particular kinds of fowls and geese that we term wild. (D)</p> Signup and view all the answers

What happens to your geese or fowls if they are frightened and take flight?

<p>They are still considered your property, even if you lose sight of them. (D)</p> Signup and view all the answers

What grants the emperor the power to free a son from the father's authority?

<p>The supreme dignity of the patriciate (C)</p> Signup and view all the answers

What happens to a father's authority if he is taken prisoner and later returns?

<p>His authority is suspended temporarily (C)</p> Signup and view all the answers

Under what condition can children cease to be under parental power?

<p>Through emancipation (D)</p> Signup and view all the answers

What is the process of emancipation according to the content described?

<p>A direct appeal to a magistrate (B)</p> Signup and view all the answers

What happens to a grandchild's authority if their parent is emancipated?

<p>They continue under their grandparent's power (A)</p> Signup and view all the answers

What is required for a father to adopt his son to another family member?

<p>A formal act before a competent judge (D)</p> Signup and view all the answers

How are tutors defined according to the content?

<p>As protectors permitted by civil law (A)</p> Signup and view all the answers

What determines if a grandchild can have a tutor appointed by a testament?

<p>Whether the father was in power at the time of death (C)</p> Signup and view all the answers

What happens to posthumous children in terms of guardianship according to the text?

<p>They are treated as already born children (A)</p> Signup and view all the answers

What can parents do with their children if they are emancipated?

<p>They can still control their children's property (B)</p> Signup and view all the answers

How is the term 'postliminium' derived?

<p>From Latin words meaning 'after' and 'threshold' (D)</p> Signup and view all the answers

What happens to a father's authority if he dies in captivity?

<p>The son is considered independent (B)</p> Signup and view all the answers

What does emancipation allow a parent to do regarding minors?

<p>Become their tutor if they are below puberty (A)</p> Signup and view all the answers

What must not occur for a father to maintain authority after an emancipation event?

<p>Adoption must be avoided (A)</p> Signup and view all the answers

What must occur for a tutor appointed by testament to an emancipated son to be valid?

<p>It must be confirmed by the praeses. (C)</p> Signup and view all the answers

Who qualifies as agnati according to the laws discussed?

<p>Relatives related through males. (B)</p> Signup and view all the answers

What is the least capitis deminutio?

<p>Change of status without loss of citizenship or liberty. (C)</p> Signup and view all the answers

Under what circumstance does the right of cognatio persist?

<p>After the least capitis deminutio. (A)</p> Signup and view all the answers

Who is granted tutelage over freedmen and freedwomen according to the law?

<p>Their patrons and patrons' children. (B)</p> Signup and view all the answers

Who appoints tutors or curators when the property of a pupil does not exceed five hundred solidi?

<p>The city defensores along with the bishop or magistrates (B)</p> Signup and view all the answers

What happens when a tutor is taken prisoner by the enemy?

<p>Another tutor can be appointed until their return. (D)</p> Signup and view all the answers

What major change does a 'greater capitis deminutio' cause?

<p>Loss of both citizenship and liberty. (C)</p> Signup and view all the answers

At what age is a male considered to have attained puberty according to the current legal standards?

<p>Fourteen years (A)</p> Signup and view all the answers

What initiates the appointment of a tutor by the praetor urbanus?

<p>A person's lack of any tutor. (A)</p> Signup and view all the answers

In which situation must a tutor authorize a pupil's actions?

<p>When the pupil makes a promise (C)</p> Signup and view all the answers

Under what circumstances does tutelage end when the tutor is appointed by testament?

<p>Upon the fulfillment of a condition stipulated in the testament (D)</p> Signup and view all the answers

What happens to a tutor's role if they are taken captive?

<p>A temporary tutor may be chosen for the time being. (A)</p> Signup and view all the answers

What happens if a pupil undergoes a capitis deminutio?

<p>The tutelage is automatically terminated (A)</p> Signup and view all the answers

What is the role of the praeses in relation to tutors?

<p>They appoint tutors in provinces. (D)</p> Signup and view all the answers

What is a consequence of middle capitis deminutio?

<p>Loss of citizenship but retention of liberty. (D)</p> Signup and view all the answers

When can a curator not be appointed by testament?

<p>In case of a specific legal case (C)</p> Signup and view all the answers

Who is designated to be tutors if no testamentary tutor is appointed?

<p>The nearest relatives. (B)</p> Signup and view all the answers

Under what age are pupils automatically under tutelage?

<p>Before the age of puberty (A)</p> Signup and view all the answers

What is the maximum age until which curators are appointed for young males and females?

<p>Twenty-five years (C)</p> Signup and view all the answers

What must happen under the lex Atilia if a tutor is conditional?

<p>A new tutor can be appointed until conditions are met. (A)</p> Signup and view all the answers

In terms of inheritance, who assumes the role of tutor along with agnati?

<p>Patrons of the deceased. (A)</p> Signup and view all the answers

For which of the following reasons can a tutor's office be terminated?

<p>The tutor is deemed unfit to administer affairs (B)</p> Signup and view all the answers

Which individuals are typically under the curatorship of their agnati according to the law of the Twelve Tables?

<p>Madmen and prodigals (B)</p> Signup and view all the answers

What is the requirement for a tutor's authorization to be considered valid?

<p>It must be provided in person during the business transaction (D)</p> Signup and view all the answers

What happens to a pupil who suffers deportation before reaching puberty?

<p>Tutelage is terminated (A)</p> Signup and view all the answers

What must occur for a younger person to adopt an older individual?

<p>It is prohibited according to adoption laws (D)</p> Signup and view all the answers

What must be provided at the risk of those who receive it according to the constitutio?

<p>Legal security for property (B)</p> Signup and view all the answers

What is the obligation of an arrogator if the arrogated person dies before reaching puberty?

<p>Restore all property to the original heirs (A)</p> Signup and view all the answers

Which of the following can be adopted under the laws described?

<p>A grandchild without the presence of a son (B)</p> Signup and view all the answers

What happens to the children of a person who is arrogated along with their parent?

<p>They also become the grandchildren of the arrogator (C)</p> Signup and view all the answers

What is the requirement for the consent of a son when a grandson is adopted?

<p>Consent is not required if the adoption is by the grandfather (C)</p> Signup and view all the answers

What unique power does an adopted individual receive compared to a biological child?

<p>They are assimilated to rights of a son born in marriage (D)</p> Signup and view all the answers

Which statements are true regarding the conditions of adopting or arrogating a son?

<p>An arrogator must provide security for the property of the adopted child (B)</p> Signup and view all the answers

Under which condition can a man adopt another individual's son?

<p>If the biological father is disqualified (A)</p> Signup and view all the answers

What characteristic disqualifies a person from adopting others?

<p>Being younger than the person to be adopted (A)</p> Signup and view all the answers

Who does NOT have the authority to adopt according to the guidelines presented?

<p>A younger sibling (B)</p> Signup and view all the answers

What happens when a slave is adopted by their master?

<p>They are made free but do not gain all rights (D)</p> Signup and view all the answers

Which circumstance allows a child in the power of their parent to become independent?

<p>When their parent dies (A)</p> Signup and view all the answers

What happens to one’s rights as a Roman citizen upon being deported for a crime?

<p>They lose their rights, similar to death (A)</p> Signup and view all the answers

Under what condition do grandchildren not automatically become independent after a grandparent's death?

<p>If their parent is still alive and in power at that time (C)</p> Signup and view all the answers

What is a sufficient excuse for not serving as a tutor or curator?

<p>Deathly enmity against the father of the pupil (A)</p> Signup and view all the answers

What circumstance may lead to the appointment of a replacement for a tutor or curator?

<p>If the tutor is absent due to illness (A)</p> Signup and view all the answers

Who cannot be compelled to serve as a curator if they do not wish to?

<p>A tutor already appointed (C)</p> Signup and view all the answers

Which individual is not required to provide security when acting as a tutor?

<p>A testamentary tutor (B)</p> Signup and view all the answers

Which individuals are exempt from serving as tutors or curators?

<p>Grammarians, rhetoricians, and physicians authorized in their professions (A)</p> Signup and view all the answers

When two or more tutors are appointed, who can prefer their role in administering the property?

<p>The tutor who offers security to indemnify the pupil (B)</p> Signup and view all the answers

What is the prescribed time to offer excuses after knowing of an appointment as tutor?

<p>Fifty days, with additional time based on distance (D)</p> Signup and view all the answers

What happens if no tutor or curator offers security?

<p>The property is managed by the testator's appointed individual (B)</p> Signup and view all the answers

Under what condition can a person be accused as a suspected tutor or curator?

<p>If they do not execute their duties faithfully (A)</p> Signup and view all the answers

In which case may a tutor or curator be compelled to provide security?

<p>If they fail to provide sufficient security (B)</p> Signup and view all the answers

Who has the authority to remove suspected tutors in Rome?

<p>A praetor (A)</p> Signup and view all the answers

Which group is not exempt from being tutors or curators due to their public responsibilities?

<p>Any adult with a legal obligation (C)</p> Signup and view all the answers

What happens if a tutor dies during an accusation process?

<p>The process is terminated (C)</p> Signup and view all the answers

What must a person demonstrate to use poverty as a sufficient excuse from being a tutor or curator?

<p>Their incapacity to manage duties (B)</p> Signup and view all the answers

What criteria is established for counting children towards exemption from the role of tutor or curator?

<p>Only living children count, excluding those deceased (A)</p> Signup and view all the answers

What age must a person be to bring an accusation against their tutor?

<p>Above the age of puberty (B)</p> Signup and view all the answers

What can excuse someone from being appointed as tutor if a question arises about their status?

<p>A disputed legal status (D)</p> Signup and view all the answers

What condition about lawsuits allows a tutor or curator to excuse themselves?

<p>Only if the lawsuit concerns inheritance or total property (B)</p> Signup and view all the answers

According to the Emperor Marcus, who is exempt from being a tutor or curator while engaged in their duties?

<p>Those administering the property of the fiscus (D)</p> Signup and view all the answers

What is the minimum age for individuals to aspire to the offices of tutor or curator according to the latest regulations?

<p>Twenty-five years (B)</p> Signup and view all the answers

What is the consequence of a tutor failing to provide maintenance to their pupil?

<p>They are automatically removed as suspected (A)</p> Signup and view all the answers

What happens if a pupil suffers from a dispute with a tutor or curator?

<p>No excuse can be claimed unless the lawsuit covers everything (D)</p> Signup and view all the answers

Which of the following is not a valid excuse for a tutor's or curator's exemption?

<p>A prior agreement to another position (B)</p> Signup and view all the answers

What type of individuals are not allowed to hold the office of tutor or curator according to regulations?

<p>Military persons (C)</p> Signup and view all the answers

What should be the motive behind a woman accusing a tutor for it to be recognized?

<p>Relationship bonds like motherhood or sisterhood (A)</p> Signup and view all the answers

What must happen when several tutors disagree on an administrative decision?

<p>The issue goes to the praetor for resolution (A)</p> Signup and view all the answers

What was the class of 'dedititii' replaced with, according to the text?

<p>Roman citizens (C)</p> Signup and view all the answers

What was the main change regarding freedmen after the reforms?

<p>They all became Roman citizens, regardless of factors. (D)</p> Signup and view all the answers

From where does the power of masters over slaves derive, according to the text?

<p>The law of nations. (C)</p> Signup and view all the answers

What emperor implemented a constitutio to protect slaves from unjustified violence?

<p>Antoninus Pius (C)</p> Signup and view all the answers

Under what conditions could a master be compelled to sell a slave?

<p>For excessive severity, cruelty, or denial of sustenance. (A)</p> Signup and view all the answers

Who has total control over a child born from the daughter of a Roman citizen?

<p>The father of the child. (D)</p> Signup and view all the answers

Which of these options describe a condition for valid matrimony in Roman law?

<p>That the individuals have reached the age of puberty and marriageable age. (D)</p> Signup and view all the answers

What is marriage best described as?

<p>A binding together of a man and woman to live in an indivisible union. (A)</p> Signup and view all the answers

What is required of children of a family (filius familias) who wish to marry, according to the text?

<p>They need to obtain consent from their parents. (D)</p> Signup and view all the answers

Can an adopted child marry his/her adoptive grandfather/mother after the adoption has been dissolved?

<p>No, the prohibition remains even after the adoption is dissolved. (D)</p> Signup and view all the answers

Can a brother and sister marry under Roman law, as described in the text?

<p>No, regardless if they come from the same parents or not. (B)</p> Signup and view all the answers

What is a distinguishing factor of the power parents have over their children in Rome, compared to other peoples?

<p>The power is unique to Roman citizens and not shared in other places. (A)</p> Signup and view all the answers

What happens if someone enters into a forbidden, incestuous marital relationship?

<p>They are entering into a criminal and incestuous marriage. (C)</p> Signup and view all the answers

What was the reason behind the Emperor's decision regarding the sale of mistreated slaves?

<p>To maintain public order and prevent misuse of property. (C)</p> Signup and view all the answers

What exception was made for the children of a mad person, in regards to parental consent for marriage?

<p>It was decided that both children could marry without intervention for the father. (A)</p> Signup and view all the answers

According to the provided text, what is common to all mankind by the law of nature?

<p>The sea and its shores (A)</p> Signup and view all the answers

Who is responsible for punishing a tutor who falsely claims a pupil's estate is too small for maintenance?

<p>The prefect of the city (D)</p> Signup and view all the answers

What is the most important characteristic of a tutor who is faithfully fulfilling their duties, according to the text?

<p>Honesty and diligence (A)</p> Signup and view all the answers

What does the text say about the effectiveness of security offered by a tutor who has committed fraud?

<p>It does not change the tutor's malevolent intent. (C)</p> Signup and view all the answers

What is the main difference between things common to all mankind by the law of nature and things belonging to individuals?

<p>Their ownership (B)</p> Signup and view all the answers

What is the primary function of the law of nature?

<p>To protect individual rights (A)</p> Signup and view all the answers

What is the legal consequence of capturing a wild animal?

<p>It belongs to the person who captured it. (D)</p> Signup and view all the answers

Where is it permissible to bury a dead body, according to the text?

<p>On one's own property (B)</p> Signup and view all the answers

How are things considered 'sacred' in the text?

<p>By their religious use (C)</p> Signup and view all the answers

Which of the following is NOT mentioned as a public use of the seashore, according to the text?

<p>Holding religious ceremonies (D)</p> Signup and view all the answers

What does the text indicate about the ownership of the banks of a river?

<p>They are owned by the adjacent landowners (A)</p> Signup and view all the answers

Why does the text mention that the walls of a city are considered holy?

<p>Because any offense against them is punished capitally (A)</p> Signup and view all the answers

What is the difference between things acquired by the law of nature and things acquired by the civil law?

<p>Their origin (D)</p> Signup and view all the answers

What does the text suggest about the ownership of things acquired by the law of nature?

<p>It is established by the first occupier (C)</p> Signup and view all the answers

What happens to a captured wild animal that escapes from its captor?

<p>It reverts to being common to all (C)</p> Signup and view all the answers

What is the main difference between things belonging to a corporate body and things belonging to a city?

<p>Their ownership (D)</p> Signup and view all the answers

What is the primary reason a man cannot marry his wife's mother?

<p>Because she is considered an ascendant, holding the place of mother. (D)</p> Signup and view all the answers

What is the primary reason why a man cannot marry his wife's daughter?

<p>Because she is in the place of a daughter to him. (D)</p> Signup and view all the answers

Which of the following is NOT an impediment to marriage according to the text?

<p>The man has been married to the woman's sister previously. (A)</p> Signup and view all the answers

How are children born of a prohibited marriage legally classified, as indicated by the text?

<p>They are considered illegitimate and without paternal power. (B)</p> Signup and view all the answers

What are the legal consequences of a marriage that is considered 'prohibited' according to the text?

<p>The marriage is void. (B)</p> Signup and view all the answers

What is the primary difference between marrying the daughter of a brother and marrying the daughter of a man whom your father has adopted?

<p>The first is prohibited, the second is permitted. (B)</p> Signup and view all the answers

What is the legal status of children born from a prohibited marriage regarding their paternal power?

<p>They have no paternal power. (A)</p> Signup and view all the answers

According to the content, what is the legal classification of children born from a prohibited marriage?

<p>Illegitimate. (D)</p> Signup and view all the answers

What is the primary reason why a man cannot marry his wife's mother, as explained by the text?

<p>Because she holds the position of an ascendant, like a mother. (C)</p> Signup and view all the answers

What is the primary reason why a man cannot marry his son's wife, according to the text?

<p>Because she is considered a descendent, holding a position similar to a daughter. (B)</p> Signup and view all the answers

Flashcards

What is a case?

A dispute between two parties (usually people or companies) that can be resolved by a court or other legal process.

Case Citation

Identifies a past court decision. It provides the names of the parties involved, the year of the decision, and where the report of the case can be found.

Case Brief

A written summary of a legal decision. Used to understand and remember what happened in a case and why it's important.

Facts in a Case Brief

Outlines the relevant facts of the case. These are the important details about what happened.

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Decision in a Case Brief

Explains the court's ruling and its reasoning. It describes the court's decision and why they made it.

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Necessity Defence

A defence stating that the accused person had no reasonable alternative to committing an illegal act. They may have had to break the law to survive.

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Issue in a Case Brief

The legal issue to be decided by the court. It's usually expressed as a question.

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Opine in a Case Brief

Discusses the importance and consequences of the case. Why does this case matter and what impact does it have?

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Domestic Law

The law that applies within the territory of a country.

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International Law

The law that governs relationships between countries.

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Law

A body of rules recognized by a society and enforced by its government.

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Jurisprudence

The branch of philosophy that studies the nature, scope, and purpose of law.

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Rule of Law

The principle that the law applies equally to everyone and no one is above the law.

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Link to Morality

The concept that laws reflect the moral values of a society.

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Lego v. Megabloks

The case where the parent company of Lego sued the parent company of Megabloks for trademark infringement.

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Plaintiff

The party initiating a lawsuit.

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Defendant

The party being sued in a lawsuit.

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Supreme Court of Canada

The highest court in Canada.

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Private (Civil) Law

A category of law that governs private relationships between individuals or organizations.

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Public Law

A category of law that governs the relationship between the state and individuals.

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Facts

The facts of a legal case.

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Issue

The legal issue presented in a case.

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Decision

The court's decision in a case.

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Copyright

The branch of law that protects authors' rights, such as books and songs.

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Patent

The branch of law that protects inventors' creations, such as toys, new technology, etc.

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Trademark

The branch of law that protects brands' ownership of names and logos.

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Political Rights

The ability of people to participate in the political process, such as voting, expressing opinions, and running for office.

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Court System

A system of legal rules and processes that determine how disputes are resolved.

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Codes

A collection of laws written down and arranged in a systematic way.

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Codified

The process of writing down laws in a systematic collection, making them easier to understand and apply.

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Ancient Greek Democracy

The first form of democracy born in ancient Greece, where free men could vote.

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Twelve Tables

The basic laws of ancient Rome, written on twelve bronze plates.

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Justinian's Code

A comprehensive collection of Roman laws organized and refreshed by Emperor Justinian.

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Liability

The ability of someone to be held legally responsible for their actions, even in accidental situations.

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Limited Invention Protection

The principle that inventions should not be protected indefinitely, allowing society to benefit from them.

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Universal Suffrage

The right of someone to vote in elections, regardless of gender, race, or other factors.

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Presumption of Innocence

A legal principle that requires the accused to be proven guilty beyond a reasonable doubt.

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Due Process

A legal principle that requires the accused to receive a fair trial to determine the guilt or innocence.

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Prescriptive Right for Land

A period of two years is needed to gain ownership of land through continuous use.

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Transportation for the Sick

A vehicle is provided to someone summoned to court if they are sick or old. If they do not wish, they do not have to be provided with a cushioned carriage.

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Prescriptive Right (General)

A period of one year is needed to gain ownership of all other things through continuous use, except land.

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Surety for Freemen and Proletarians

A freeman will act as surety for another freeman, while anyone can act as surety for a proletarian.

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Rights of the Restored Citizen

People who have lost Roman citizenship and are restored have the same rights as citizens, including the right to create and transfer property.

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Prescriptive Right for Aliens

A foreigner can forever acquire ownership through long possession, regardless of the time period.

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Women's Right to Interrupt Husband's Prescriptive Right

A wife, to interrupt her husband's right to gain ownership through extended use, must spend three consecutive nights away from home each year.

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Magistrate's Role in Agreement

If both parties agree on a matter, the magistrate announces it.

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Confirmation of Legal Claim

If parties to a dispute physically join hands on the disputed property while pleading in court, the legal claim will be confirmed.

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Disagreement: Presenting the Case

If parties disagree, they present their case in the assembly or before the magistrate. Both parties must be present and present their side of the story.

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Confirmation of Conveyances and Surrenders in Court

Both conveyances and surrenders of property made in court will be officially confirmed.

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One Party Absent: Magistrate's Decision

If only one party is present, the magistrate decides the case in their favor after noon.

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Time Limit for the Case

The case must be concluded before sunset if both parties are present.

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Interim Possession in Favor of Liberty

When there is a dispute, the court favors the person who is free, meaning the person who is not a slave.

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Timber in Buildings and Vineyards

No one can remove or claim ownership of timber fixed in buildings or vineyards, even if it was stolen. Instead, there's a right to double damages for the person who illegally fixed it.

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Penal Sum for Solemn Deposit

The amount of the penal sum in an action by solemn deposit depends on the value of the property in dispute. For disputes involving freedom, the penal sum is 50 asses.

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Actions by Demand for a Judex

Actions by demand for a judge are used in cases concerning a claim based on an agreement, or for the division of an inheritance among joint heirs.

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Gathering Fallen Fruit

Owners can legally gather fruit that falls from a neighbor's tree onto their own property.

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Acquisition of Ownership Through Purchase

A buyer does not acquire ownership of an item until they pay the seller the full price or satisfy the seller in another way, like giving them a guarantee or a pledge.

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Postponing the Trial Date

The trial date can be postponed if either litigant, the judge, or the arbiter is ill, a day is set aside for a hearing with a foreigner, or other unforeseen circumstances prevent a fair trial.

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Requesting Evidence

Parties in dispute must publicly request evidence three days ahead of the trial.

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Slave's Freedom Through Payment

A slave declared free in a will, with the condition of giving money to the heir, can gain freedom by paying the buyer, even if the heir sold the slave.

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Time Limit for Debt Payment

Confessed debts or judgments must be settled within thirty days.

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Penalty for Evil Incantations

Using magic to cause harm or disgrace to someone is punishable by death.

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Creditor's Rights After 30 Days

After thirty days, the creditor can seize the debtor and bring them to court. If the debtor doesn't pay or find a surety, the creditor takes them into custody.

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Retaliation for Broken Limbs

If someone breaks another person's limb, they must endure the same injury unless they pay compensation.

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Binding the Debtor

The creditor can bind the debtor with a thong or fetters, but must provide them with food if they do not have their own means.

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Penalty for Arson

Burning down a building or a stack of grain is a serious crime, punishable by death, even if accidental.

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Penalty for Nighttime Crop Theft

Taking someone else's crops at night is a capital offense, with the possibility for younger offenders to be punished and forced to make amends.

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Consequences of Unpaid Debt

Debtors have sixty days to settle their debts. They are brought to the marketplace on three market days to publicly announce their debt. If they fail to pay, they can be sentenced to death or sold into slavery.

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Justice

The constant and perpetual wish to render every one his due.

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Law of Nature

The law that nature teaches to all animals, including humans.

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Civil Law

The law that a people makes for its own government, specific to that state.

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Law of Nations

The law common to all mankind, shared by all nations.

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Written Law

Laws written down and arranged in a systematic way.

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Unwritten Law

Laws that are not written down but are based on tradition and custom.

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Plebiscitum

A law enacted by the Roman plebs proposed by a plebeian magistrate (e.g., tribune).

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Senatusconsultum

A command or appointment made by the Roman senate reflecting the will of the people.

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Constitutiones

An enactment of the emperor with the force of law, including rescripts, judgments, and edicts.

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Edicts of the Praetors

Edicts issued by the praetors, holding considerable legal authority.

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Codified Law

The process of writing down laws in a systematic collection, making them easier to understand and apply.

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Guardian Misconduct

If a guardian is suspected of mismanaging a ward's property, they can be accused and face legal consequences.

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Guardian Theft

If a guardian steals a ward's property, they can be sued for double the amount of the stolen property.

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Patron Fraud

A patron who defrauds a client will be cursed and face the consequences of their dishonest actions.

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Dishonest Witness

A witness who refuses to speak truthfully will face dishonor and be deemed incompetent to testify in court.

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Perjury Punishment

A person convicted of perjury, intentionally giving false testimony, will be executed by being thrown from the Tarpeian Rock.

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Accidental Death

If a weapon accidentally causes harm, the killer will offer a ram as a peace offering to avoid blood revenge.

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Crop Theft Punishment

Stealing and harming another's crops at night is a capital offense, with the punishment being death by hanging and then a sacrifice to Ceres, a goddess of agriculture.

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Corrupt Judges

A judex or arbiter, judge or mediator, convicted of accepting bribes will face the death penalty.

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Treason Punishment

A person who incites an enemy against the state or betrays their own citizens to an enemy will be punished by death.

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City Burial

Dead bodies are forbidden to be buried or burned within the city.

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Simple Mourning

A funeral pyre should not be smoothed with an ax.

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Limited Funeral Expenses

Funeral expenses are limited: three mourners with veils, one in a purple tunic, and ten flutists.

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Mourning Restrictions

Women are forbidden from tearing their cheeks and making loud cries of grief at a funeral.

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Funeral Annotations

Slaves are not allowed to anoint the dead. This applies to all aspects of the funeral, including drinking, sprinkling, garlands, and incense boxes.

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Ius Honorarium

Legal pronouncements issued by magistrates, known for their authority and influence in Roman Law.

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Slavery

The legal status of an individual who is not free and is subject to the control of another.

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Freedom

The state of being free from any form of legal or physical constraint.

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Ingenuus

The condition of being born free, with no legal limitations or restrictions.

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Manumission

The process of releasing a slave from their servitude, granting them freedom and independence.

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Freedman

A person who has been freed from slavery, granted a new status in society.

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Latini

A classification of freedmen in ancient Rome, gaining a less complete liberty than Roman citizens.

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Dedititii

A legal classification with limited rights, representing the lowest tier of freedmen in ancient Rome.

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Law of Persons

The branch of law focused on individuals, their rights, obligations, and legal status.

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Law of Things

The primary division of law, relating to things and their ownership, possession, and transfer.

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Latini Juniani

A legal term that describes a freedman who possessed limited citizenship rights in ancient Rome, a status that eventually became obsolete due to legal reforms.

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Independent Person

The state of being independent and having full rights, particularly in contrast with those subject to the power of another.

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Power of Masters

The legal power that a master had over their slaves, encompassing aspects like ownership of the slave's property and even the right to take their life.

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Constitutio of Antoninus Pius

An ancient Roman law that prohibited the arbitrary killing of slaves by their masters, introducing a degree of legal protection for slaves.

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Rescript of Antoninus

A legal decree issued by Emperor Antoninus Pius that allowed for the sale of slaves who were being mistreated by their masters, providing a form of protection against cruelty.

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Power of Parents

The power that parents exercised over their children in ancient Roman society, a unique feature of Roman law that extended to various generations.

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Marriage

A formal union between a man and a woman recognized by law, forming the basis of family and society in ancient Rome.

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Marriage Restrictions

A legal prohibition that prevented certain individuals from marrying, such as those related by blood or adoption, ensuring the preservation of social order.

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Adoption's Impact on Relationships

A legal doctrine stating that a person who has been adopted into a family is considered to be related to the adoptive parents and their family members.

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Marriage Restrictions Based on Kinship

A legal barrier preventing individuals from marrying close relatives, including those by blood or adoption.

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Affinities Created by Marriage

The relationships that arise from a marriage, creating new ties between individuals and their families.

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Prohibition on Marriage to Spouse's Close Relatives

A person's marriage to someone who is closely related to their spouse, like a stepdaughter or a son's wife, is prohibited.

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Prohibition on Bigamy

A legal rule restricting marriage to individuals who are not part of one's existing familial or marital ties, preventing bigamy.

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Marriage Between Individuals Related Through a Previous Marriage

A situation where individuals related through a previous marriage (step-siblings or step-parent and step-child) are allowed to marry.

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Prohibition on Marriage to Adopted Relatives

A rule prohibiting marriage between individuals who are related through adoption, even if the adoption has been legally dissolved.

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Spurii: Children of Prohibited Marriages

The legal status of individuals born out of wedlock or to parents who were not legally permitted to marry, considered to have no legal father.

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Adoption: Creating Legal Family Ties

The act of formally adopting a child or adult, creating legal parent-child relationships.

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Arrogation: Adopting a Sui Juris Person

Adopting a person who is already considered legally independent, granting them the rights and obligations of a child in the adoptive family.

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Adoption of a Filiusfamilias

A legal scenario where a father gives his child for adoption to another person, maintaining legal rights and responsibilities.

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Roman Law: A System of Rules

A legal framework that establishes a set of rules and principles governing the relationship between people and their legal rights.

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Acquisition of Ownership Through Continuous Use

The practice of acquiring ownership of property through continuous use, requiring specific time periods depending on the type of property.

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Prescriptive Right for Land: Two-Year Period

The specific time period required to acquire ownership of land through continuous use, set at two years.

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Confirmation of Conveyances and Surrenders

A legal process that formally confirms the transfer of property, ensuring that the transfer is legally valid.

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Paternal Power (Roman Law)

The power a father has over his son, even after the son becomes a soldier, senator, or consul.

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Emancipation (Roman Law)

Releasing a son from paternal power.

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Adoption (Roman Law)

The legal process where a father transfers his power over his son to another man, usually the son's grandfather or great-grandfather.

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Ius Postliminii (Roman Law)

The right of a captured person to regain their former legal status and rights upon return to their home territory.

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Tutor (Roman Law)

A legal guardian appointed to protect a child who hasn't reached adulthood.

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Curator (Roman Law)

A legal guardian for a person who is unable to manage their affairs due to age or disability.

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Paternal Power in Roman Law

The rights and responsibilities of a father over his son according to Roman law.

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Adoption Procedure (Roman Law)

A formal declaration by a father, before a judge, to transfer his paternal power over his son to another man.

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Partial Emancipation (Roman Law)

A situation where a son is released from his father's power, but the grandson remains under the father's control.

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Postliminium (Roman Law)

The return of a person captured by an enemy to their home territory and the restoration of their legal rights.

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Imperial Constitutio (Roman Law)

A legal document that establishes a father's intention to give his son in adoption.

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Fictitious Sale (Roman Law)

An imaginary sale and release of a son from his father's power, a method of emancipation in ancient Roman law.

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Rights of a Parent over an Emancipated Child (Roman Law)

A legal right of a parent over the property of their emancipated child.

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Tutelage of Emancipated Children (Roman Law)

A legal right of a father to be the guardian of his minor emancipated child.

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Pregnancy and Emancipation/Adoption (Roman Law)

A rule in Roman law stating that if a daughter-in-law becomes pregnant before emancipation or adoption, the child born belongs to the father-in-law, but if the child is conceived after emancipation, the child belongs to the emancipated father.

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Adoption in Roman Law

The act of formally adopting someone as a legal child. It's like replicating a natural family bond.

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Arrogation in Roman Law

A legal process where an adult takes on the legal rights and responsibilities of a father towards a child who's not their biological offspring.

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Adopting a Descendant

A process where a person formally adopts another into their family as a grandson, great-grandson, or any other descendant, regardless of whether they have a son of their own.

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Adopting a Grandson as Son

A legal process where someone can adopt the son of someone else as their own grandson, and the grandson of someone else as their own son.

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Consent for Adopting a Grandson - Case 1

The consent of the biological parent (father) is required if a man wants to adopt a grandson as the son of a previously adopted son, or a natural son under his control. This ensures the son isn't forced into a new legal relationship.

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Consent for Adopting a Grandson - Case 2

The consent of the biological parent (father) is not required if a grandfather adopts his own grandson as a son. This is likely due to the grandparent already having a legal claim to the grandson.

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Multiple Adoption

A person who is adopted or arrogated gains similar legal standing to a biological son, allowing them to be adopted again by another person.

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Adoption for Infertile Individuals

Both adoption and arrogation allow those unable to have biological children (like impotent people) to adopt. However, those castrated cannot adopt.

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Adoption by Women

Women in Roman Law couldn't adopt because they didn't have legal control over their children due to the patriarchal system. However, the Emperor granted them permission to adopt, allowing them to experience a surrogate form of parenthood.

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Adoption by Imperial Rescript

If a person adopts another by imperial rescript (Emperor's decree), not only does the adoptee become the adoptor's child, but their biological children also become the adoptor's grandchildren.

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Emancipation and Independence

When people are emancipated (freed from the authority of their parent or guardian) they become independent, even if their parent dies. However, if their grandfather dies, they only become independent if their father is also dead or has already been emancipated.

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Banishment and Loss of Power

A person who's convicted of a crime and banished to an island loses their rights as a Roman citizen, including the authority over their children. They are essentially considered dead in legal terms.

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Exile and Parental Power

A man who is exiled (relegatio) doesn't lose control over his children, and neither does a child who is exiled lose control over their father.

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Slave of Punishment and Parental Power

When a man becomes a "slave of punishment" (sentenced to hard labor or to be killed by wild animals), he loses legal control over his sons.

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Death and Independence

While slaves are freed through manumission, those under a parent's authority become independent when their parent dies. However, this doesn't apply to grandchildren because they could be under their father's authority after the grandfather's death.

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Capitis Deminutio

A change in a person's legal status, affecting their rights and obligations.

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Greater Capitis Deminutio

The most severe capitis deminutio, where a person loses both citizenship and liberty, becoming a slave.

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Lesser or Middle Capitis Deminutio

A less severe capitis deminutio where a person loses citizenship but keeps their freedom, often through exile or banishment.

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Least Capitis Deminutio

The least severe capitis deminutio where a person's legal status changes without losing citizenship or liberty. Examples include gaining or losing power under another.

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Agnati

Relatives connected through their fathers, such as brothers, uncles, or nephews.

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Cognati

Relatives connected through their mothers, such as sisters, aunts, or nieces.

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Testamentary Tutor

A legal guardian appointed by a will, responsible for the care and education of a minor.

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Agnate Tutorship

Guardianship assigned by law to a person's agnati (relatives through the male line) if no tutor is appointed by will.

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Patron Guardianship

Guardianship of freedmen and freedwomen by their former masters or their descendants, established by law.

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Legal Tutorship

A type of guardianship appointed by the praetor or a magistrate, especially if no other legal guardian is available.

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Pupil

A minor who is under the legal care of a tutor, needing guidance and protection.

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Ius Postliminii

The legal principle that allows a person to regain their original rights and status upon returning from captivity.

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Appointing of Tutors

A legal process that seeks to appoint a tutor for a minor if the existing tutor is unable to fulfill their duties due to death, imprisonment, or other reasons.

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Tutor

A legal representative appointed to manage the affairs of a minor (someone under the age of puberty).

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Curator

A legal representative appointed to assist adults who are not yet considered fully competent to manage their own affairs, typically between the ages of 14 and 25.

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Age of Puberty

The age at which a person is legally considered an adult and no longer under the supervision of a tutor.

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Tutor's Authorization

The legal act of a tutor authorizing a minor to engage in certain activities or make specific decisions.

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Actio Tutela

The legal action taken by a tutor to force a pupil to account for the use of their property. This happens when the pupil reaches the age of puberty.

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Arrogation

The process of formally adopting a young person into a new family, ending their tutelage.

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Curator for Madmen and Prodigals

A person who manages the property and affairs of another person who is mentally incapable of doing so, such as someone who is insane or prodigal.

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Testament

A formal document that details the terms of a will, outlining who inherits property and who is appointed as a guardian.

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Death of Tutor or Pupil

The death of a person, which can end the tutelage of a minor or the curatorship of an adult.

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Appointment of a New Tutor or Curator

The process of appointing a new tutor or curator when the current one is deemed unfit or unsuitable for the role.

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Roman Law

A legal system that emphasizes codified laws and legal interpretations based on past precedent.

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Wild animal

An animal that is not naturally domesticated and lives in the wild, such as a deer or a peacock. They may be temporarily tamed, but will always be considered wild.

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Domesticated animal

An animal that has been domesticated by humans and is typically raised for food, labor, or companionship.

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Recovered its natural Liberty

An animal that has escaped from its owner and is now considered wild again.

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Bee Swarms

Bees that have formed a new colony on your property are not automatically yours. Unless you hive them, they remain wild, and anyone can take them.

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Animals with a habit of returning

Animals that regularly leave and return to their owner's property, like pigeons, are considered yours only as long as they intend to return.

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Fowls and Geese

Fowls and geese are not naturally wild, even if they fly away. They remain your property, even if you lose sight of them.

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Wounding a wild animal doesn't make it yours

A principle stating that if you wound a wild animal but don't capture it, it doesn't become your property. You have no right to claim it until you've taken possession.

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Prescriptive Right

A legal concept where actions taken over a period of time, like using land for a certain length, can give you rightful ownership.

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Tutor Replacement

When a tutor is unable to manage a pupil's affairs due to illness or other reasons, the praetor or provincial governor appoints a temporary guardian, but the tutor is responsible for any losses.

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Security for Guardians

The law requires tutors and curators to provide financial security to protect pupils' property from mismanagement.

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Exemptions from Security

A tutor appointed by a will or through a formal investigation is considered trustworthy and doesn't need to provide security.

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Multiple Guardians

If multiple tutors or curators are appointed, one can offer security to become the sole administrator or require others to do so.

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Magistrate's Liability

If a magistrate accepts insufficient security for a guardian, they can be held liable for any losses.

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Forced Security

Guardians who refuse to provide security can be forced to do so by seizure of their property.

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Excusal of Guardians

Tutors and curators can be excused from their duties based on various factors, such as the number of their own children or public service.

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Children as Excuse

Those with three children in Rome, four in Italy, or five in the provinces can be excused from guardian duties as it's considered a public office.

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Counting Children

Adopted children count towards the parent's number, while grandchildren by a son count, but not those by a daughter.

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Living Children

Only living children count for the excuse, not deceased ones, except those who died heroically in battle.

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Government Service

Individuals managing government finances are excused from guardian duties during their term.

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Public Service

Those serving the state are excused, and if a guardian is called to service, they are temporarily replaced.

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Magistrates

Magistrates are excused, but they cannot abandon a guardianship they have already undertaken.

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Multiple Guardianships

Three unsolicited guardian duties excuse someone from further ones, and multiple guardianships of related people count as one.

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Poverty

Poverty is a sufficient excuse if a person can prove they cannot manage the responsibility.

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Things Common by Law of Nature

Things that are common to all people by nature, such as air, running water, and the sea.

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Public Things

Things that belong to the public, like rivers, ports, and the seashore.

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Things Belonging to a Corporate Body

Things that belong to a group of people, such as a city or a corporation, like buildings in cities or theaters.

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Sacred Things

Things that are dedicated to the gods and belong to no one, such as sacred buildings or offerings.

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Religious Things

Things that are made religious by the burial of a dead person, like a family cemetery.

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Holy Things

Things that are holy and protected by divine law, like city walls or laws punishing transgressors.

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Ownership Through Capture

The acquisition of ownership of wild animals or birds when they are caught.

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First Occupancy

The first person to own a thing that was previously unowned acquires it.

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Usufructus

The right to use and enjoy someone else's property without owning it, typically for a set period.

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Ownership

The right to own something, fully and completely.

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Sale

The process of selling something.

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Guarantee or Pledge

A guarantee or a pledge made by a buyer to secure the purchase.

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Full Price

The full price paid for an item, ensuring ownership to the buyer.

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Excused from tutorship or curatorship

A person who is considered unacceptable to be appointed as a tutor or curator due to their personal relationship with the child's father or the adult they will be caring for. For example, someone who has a deep-seated enmity (hatred) or strong disagreement with the parent would be considered unsuitable.

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Unknown Tutor

Someone who is not well-known or familiar to the father of a pupil (student). This is not considered a valid excuse for refusing the role of tutor.

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Age Exemptions

Someone who is over 70 years old or under 25 years old may be excused from serving as a tutor or curator. This is because they are either too old to be effectively responsible or too young to have the necessary experience.

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Military Exemptions

People serving in the military are generally excused from being tutors or curators. Their duties and potential absence would make it difficult to fulfill the responsibilities of a guardian.

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Professional Exemptions

Professionals like grammarians, rhetoricians, and physicians are generally exempt from serving as tutors or curators unless they are not practicing their profession or exceed the number authorized.

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Tutor's Responsibility over Entire Estate

If someone is chosen to be a tutor, they are considered responsible for the entire estate of the pupil. Their duties extend to all aspects of the child's wealth and property.

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Tutor Not Obligated to be Curator

A person who has served as a tutor is not obligated to serve as the same person's curator later. Even if a father in their will appoints the same person as both tutor and later curator, the individual can decline the additional role.

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Husband Excused from Curatorship

A husband can decline the role of curator for his wife, even if he has already started managing her affairs. He is not legally obligated to take on this role.

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Excuses Not Effective

If someone successfully avoids their duty as a tutor or curator by using false claims or excuses, they are not truly released from their responsibilities. They will still be held accountable.

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Accusing a Suspected Guardian

The right to accuse a tutor or curator of suspected misconduct or mismanagement of a ward's property is based on the ancient laws of the Twelve Tables.

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Authority for Removing Suspected Guardians

In Rome, the praetor has authority to remove suspected tutors. In provinces, this responsibility falls to the praesides or the legate of the proconsul.

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Any Tutor Can be Accused

Anyone appointed as a tutor can be accused of wrongdoing, regardless of whether they were appointed by a will or chosen by law. Even a legal tutor can face accusations.

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Accusing a Patron

A patron, someone who acts as a protector and guide, can be accused of misconduct. However, they deserve more respect and protection than simple tutors, even if they are removed from their role.

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Study Notes

  • Case: A legal dispute between parties resolved through court.
  • Citation: Identifies a past court decision, containing:
    • Style of cause
    • Party names
    • Decision year (potentially different from case start year)
    • Reporter information (source of the case report).
  • Brief: A summary of a legal decision, used to understand and remember the case.
    • F-I-D-O Structure:
      • Facts: Relevant details of the case.
      • Issue: The legal question presented to the court (expressed as a question).
      • Decision: The court's ruling and reasoning.
      • Opine: The significance and consequences of the case.

Domestic vs. International Law (CLN4U)

  • Domestic Law: Applies within a country's boundaries, enforced by domestic courts.
    • Example: Cruise ships/airplanes — domestic law of registration country applies.
  • International Law: Governs relationships between countries.
    • Enforcement: Limited to where countries agree to be bound.
    • Example: Outer Space Treaty.

Defining Law (CLN4U)

  • Law: A set of rules recognized and enforced by society's government.
  • Jurisprudence: Branch of philosophy studying law, its philosophy, history, culture & morals influences.
  • Purpose of Law: Provides order, resolves disputes peacefully, protects rights and property, embodies societal values.

Rule of Law (CLN4U)

  • Principle dictating society's regulation through law, equal application to all, respect for rights, and preventing individuals from enforcing personal rules.

Lego v. Megabloks Case Summary (CLN4U)

  • Case: Kirkbi AG v. Ritvik Holdings Inc. (2005 SCC 65), civil/private law case.
  • Facts: Lego sued Megabloks for trademark infringement, claiming Mega Bloks's appearance and function copied Lego's design after its patent expired.
  • Issue: Can Lego claim trademark protection for the design of its toys after a patent's expiry?
  • Decision: No, Lego cannot claim trademark for the design features. The court cited a functional purpose for the design (raised studs) and that trademark protection is not intended to be perpetual.
  • Opine: The decision promotes beneficial competition and use of an invention after patent expiry.

Historical Roots of Canadian Law (CLN4U)

  • Greek Democracy: Ancient Athenian democracy (circa 507 BCE), free men voted, different from modern democracy in political rights and court system.
  • Roman Law: Twelve Tables (451 BCE) codified basic Roman law, and Justinian's Code (529 CE) synthesized Roman laws, forming the basis of Western justice systems

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Description

Test your understanding of legal citations, case briefs, and significant legal cases such as Dudley and Stevens. This quiz covers various aspects of law, including intellectual property and Ancient Greek legal systems. Prepare to dive into the fundamentals of legal analysis and historical context.

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