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.</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.</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.</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.</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.</p> Signup and view all the answers

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

    <p>Trademark</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.</p> Signup and view all the answers

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

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

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

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

    What is meant by the term 'codified' law?

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

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

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

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

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

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

    <p>Justinian</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.</p> Signup and view all the answers

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

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

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

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

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

    <p>The landowner</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</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.</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.</p> Signup and view all the answers

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

    <p>6 months' imprisonment</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.</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.</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.</p> Signup and view all the answers

    Which statement best defines domestic law?

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

    What does jurisprudence primarily study?

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

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

    <p>Two years</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.</p> Signup and view all the answers

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

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

    How wide should a road be on a straight stretch?

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

    How wide should a road be on a bend?

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

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

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

    What penalty is stipulated for committing an outrage against another?

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

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

    <p>Capital punishment</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</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.</p> Signup and view all the answers

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

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

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

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

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

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

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

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

    What is prohibited concerning intermarriage?

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

    Who determines 'plebiscita'?

    <p>The plebs</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.</p> Signup and view all the answers

    What is the role of the Praetors?

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

    What is the ius honorarium primarily based on?

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

    What was the role of the jurisconsulti?

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

    How is unwritten law established?

    <p>By ancient customs and consent</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.</p> Signup and view all the answers

    What is the primary division in the rights of persons?

    <p>Free persons and slaves</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.</p> Signup and view all the answers

    What is slavery?

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

    Why are slaves also called mancipia?

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

    How is a person born into slavery?

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

    What is the definition of 'ingenuus'?

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

    What does the term 'manumission' specifically refer to?

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

    Where does the institution of manumission come from?

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

    What is the lowest class of freedmen?

    <p>Dedititii</p> Signup and view all the answers

    Which of these is not a method of manumission?

    <p>By order of a magistrate</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.</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.</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.</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.</p> Signup and view all the answers

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

    <p>Peacocks</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.</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.</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.</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</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</p> Signup and view all the answers

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

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

    How are tutors defined according to the content?

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

    How is the term 'postliminium' derived?

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

    Who qualifies as agnati according to the laws discussed?

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

    What is the least capitis deminutio?

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

    Under what circumstance does the right of cognatio persist?

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

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

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

    What happens if a pupil undergoes a capitis deminutio?

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

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

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

    What is a consequence of middle capitis deminutio?

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

    When can a curator not be appointed by testament?

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

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

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

    Under what age are pupils automatically under tutelage?

    <p>Before the age of puberty</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</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.</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.</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</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</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</p> Signup and view all the answers

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

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

    What characteristic disqualifies a person from adopting others?

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

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

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

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

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

    Who has the authority to remove suspected tutors in Rome?

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

    What happens if a tutor dies during an accusation process?

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

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

    <p>Roman citizens</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.</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.</p> Signup and view all the answers

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

    <p>Antoninus Pius</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.</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.</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.</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.</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.</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.</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.</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.</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.</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.</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.</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</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</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</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.</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</p> Signup and view all the answers

    What is the primary function of the law of nature?

    <p>To protect individual rights</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.</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</p> Signup and view all the answers

    How are things considered 'sacred' in the text?

    <p>By their religious use</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</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</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</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</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</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</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</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.</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.</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.</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.</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.</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.</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.</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.</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.</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.</p> Signup and view all the answers

    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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