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Emperor Tiberius was the first to grant the jus respondendi to a jurist.
Emperor Tiberius was the first to grant the jus respondendi to a jurist.
True (A)
The opinions of Roman jurists were always in agreement, making it easier for judges to apply the law.
The opinions of Roman jurists were always in agreement, making it easier for judges to apply the law.
False (B)
The responsa prudentium lost significance by the third century.
The responsa prudentium lost significance by the third century.
True (A)
The opinions of jurists were only considered authoritative if they came from living jurists.
The opinions of jurists were only considered authoritative if they came from living jurists.
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Gaius believed that the opinions of jurists were not a source of law.
Gaius believed that the opinions of jurists were not a source of law.
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An Emperor Hadrian's order explicitly stated that the judge could choose whichever legal opinion they preferred, even if jurists disagreed.
An Emperor Hadrian's order explicitly stated that the judge could choose whichever legal opinion they preferred, even if jurists disagreed.
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The opinions of jurists were always considered as significant as laws made by the emperor.
The opinions of jurists were always considered as significant as laws made by the emperor.
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If the opinions of all Roman jurists on a matter aligned, their consensus was considered legally binding.
If the opinions of all Roman jurists on a matter aligned, their consensus was considered legally binding.
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The term "Jus Civile" can refer to the complete legal system of Rome.
The term "Jus Civile" can refer to the complete legal system of Rome.
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Gaius Terentilius Arsa was one of the ten men who drew up the Twelve Tables.
Gaius Terentilius Arsa was one of the ten men who drew up the Twelve Tables.
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The "Jus Civile" was originally intended to govern only interactions between Roman citizens.
The "Jus Civile" was originally intended to govern only interactions between Roman citizens.
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The Senate’s senatusconsultum ultimum ordered the consuls to safeguard the Republic in times of crisis.
The Senate’s senatusconsultum ultimum ordered the consuls to safeguard the Republic in times of crisis.
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The "Jus Honorarium" was created to provide legal protection for foreigners within Rome.
The "Jus Honorarium" was created to provide legal protection for foreigners within Rome.
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The Roman People considered the Senate’s power to pass senatusconsulta an encroachment on their legislative prerogative.
The Roman People considered the Senate’s power to pass senatusconsulta an encroachment on their legislative prerogative.
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Roman law, like the "Jus Civile", evolved over time, with the passage of new laws and the refinement of existing ones.
Roman law, like the "Jus Civile", evolved over time, with the passage of new laws and the refinement of existing ones.
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The plebeians were unhappy with the patricians' control over the law.
The plebeians were unhappy with the patricians' control over the law.
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Prior to the development of "Jus Gentium", foreign individuals in Rome were exempt from any legal protections.
Prior to the development of "Jus Gentium", foreign individuals in Rome were exempt from any legal protections.
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The Decemvirs, appointed to create the Twelve Tables, were all patricians.
The Decemvirs, appointed to create the Twelve Tables, were all patricians.
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Gaius was allowed to give legal advice to others.
Gaius was allowed to give legal advice to others.
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The "Jus Gentium" is an example of a set of laws solely unique to the Roman legal system.
The "Jus Gentium" is an example of a set of laws solely unique to the Roman legal system.
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Early societies in the past were characterized by static laws that rarely changed or adapted.
Early societies in the past were characterized by static laws that rarely changed or adapted.
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The emperor Marcus Aurelius ruled before Gaius.
The emperor Marcus Aurelius ruled before Gaius.
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The Twelve Tables were inspired by the laws of Athens, particularly those written by Solon.
The Twelve Tables were inspired by the laws of Athens, particularly those written by Solon.
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The Twelve Tables were completed in 451 BC.
The Twelve Tables were completed in 451 BC.
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The Twelve Tables, a written legal code, were considered a major contributor to the development of the "Jus Civile".
The Twelve Tables, a written legal code, were considered a major contributor to the development of the "Jus Civile".
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The term "justice" has the same meaning when applied to a moral standard and a legal standard.
The term "justice" has the same meaning when applied to a moral standard and a legal standard.
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Gaius is known for writing a collection of Roman laws called the "Digest".
Gaius is known for writing a collection of Roman laws called the "Digest".
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Scholars believe that Gaius wrote a legal text discussing everyday issues called "Res Cottidianae".
Scholars believe that Gaius wrote a legal text discussing everyday issues called "Res Cottidianae".
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Ulpian's definition of jurisprudence is too narrow because it excludes morality and religion.
Ulpian's definition of jurisprudence is too narrow because it excludes morality and religion.
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Cicero believed that the last two tables, written by the second Decemvirs, were fair.
Cicero believed that the last two tables, written by the second Decemvirs, were fair.
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Analytical jurisprudence, according to the author, prioritizes the analysis and classification of legal institutions and terms.
Analytical jurisprudence, according to the author, prioritizes the analysis and classification of legal institutions and terms.
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Sextus Pomponius, another legal scholar, was often mentioned in the works of later legal scholars.
Sextus Pomponius, another legal scholar, was often mentioned in the works of later legal scholars.
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Historical jurisprudence involves the exploration of how law has evolved over time.
Historical jurisprudence involves the exploration of how law has evolved over time.
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One of Pomponius's works, known as "Enchiridion", became part of the "Breviary of Alaric"
One of Pomponius's works, known as "Enchiridion", became part of the "Breviary of Alaric"
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Critical jurisprudence, as described by Bentham, is concerned with what the law should be.
Critical jurisprudence, as described by Bentham, is concerned with what the law should be.
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The Verona palimpsest, which includes Gaius's "Institutes", was discovered in 1816 in the city of Verona.
The Verona palimpsest, which includes Gaius's "Institutes", was discovered in 1816 in the city of Verona.
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Gaius was known for his expertise in the history of Roman law.
Gaius was known for his expertise in the history of Roman law.
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The comparative method of study is exclusive to analytical jurisprudence.
The comparative method of study is exclusive to analytical jurisprudence.
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The term "comparative law" is synonymous with historical jurisprudence.
The term "comparative law" is synonymous with historical jurisprudence.
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Justinian's division of law into Public Law and Private Law is a common distinction in the Roman legal system.
Justinian's division of law into Public Law and Private Law is a common distinction in the Roman legal system.
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The Roman leges were always related to treaties, provinces, and constitutional matters.
The Roman leges were always related to treaties, provinces, and constitutional matters.
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The Comitia Centuriata passed the Lex Hortensia, which made plebiscites binding on all Roman citizens.
The Comitia Centuriata passed the Lex Hortensia, which made plebiscites binding on all Roman citizens.
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Senatus Consulta* were initially considered mere advice but eventually gained the force of law.
Senatus Consulta* were initially considered mere advice but eventually gained the force of law.
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The Senatus Consultum Ultimum was a decree used to protect the state from internal conflict and was issued by the Senate.
The Senatus Consultum Ultimum was a decree used to protect the state from internal conflict and was issued by the Senate.
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The Praetor Urbanus was responsible for cases involving foreigners.
The Praetor Urbanus was responsible for cases involving foreigners.
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The Curule Aediles issued edicts related to market trade.
The Curule Aediles issued edicts related to market trade.
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The Edictum Perpetuum was codified by Emperor Trajan around 130 AD.
The Edictum Perpetuum was codified by Emperor Trajan around 130 AD.
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Roman law consisted of only written sources.
Roman law consisted of only written sources.
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Study Notes
Roman Law Glossary
- Act (Lex): Law decided and enacted by the whole Roman people.
- Adrogatio: A form of adoption where a pater familias was adopted by another pater familias, resulting in significant changes in family status and property rights.
- Aediles: Magistrates responsible for the care of public buildings, markets, and public games.
- Agnatic Tie: Kinship or relation on or descended from the father's or male side.
- Cognatic Tie: Kinship or relation calculated from an ancestor or ancestors through any combination of male and female links.
- Comitia Centuriata: The Roman assembly organised by centuries, primarily based on military and wealth class.
- Comitia Curiata: The oldest Roman assembly, originally based on the curiae (divisions by clan or family).
- Consilium: A group of advisors consulted by Roman magistrates on legal and administrative matters.
- Consul: One of the two highest magistrates in the Roman Republic, holding significant civil and military imperium.
- Constitutiones: A general term for imperial decrees, including edicts, rescripts, and mandates.
- Custom (Consuetudine): Practices that have become firmly established and recognised as having an obligatory force as law.
- Decreta: Judgements given by the Emperor in law cases.
- Dictator: An extraordinary magistrate appointed in times of emergency, wielding absolute imperium.
- Edict: A public order or declaration issued by a magistrate, notably by the praetor and the emperor.
- Edictum Perpetuum: A permanent edict created by Hadrian which aimed to consolidate and make stable the praetor's edicts.
- Imperium: The power of command held by higher Roman magistrates, particularly in military matters, but also in other areas of public life.
- Institutes: An elementary textbook of Roman law, part of the Corpus Juris Civilis.
- Judex: A private citizen appointed by the praetor to hear and decide a case based on a formula.
- Jurisprudence: The science of law, encompassing analytical, historical, and critical perspectives.
Roman Law Terms (Jus...)
- Jus Civile: The civil law of Rome, applicable only to Roman citizens.
- Jus Gentium: Law of the nations, applicable to both Roman citizens and foreigners (peregrini), designed to regulate interactions between them.
- Jus Honorarium: Praetorian law, developed by praetors to supplement, correct, and improve the jus civile.
- Jus Naturale: The concept of natural law, derived from the natural world and inherent in all living things.
- Jus Publicum: Public law, concerning the constitution and organisation of the Roman state.
- Jus Privatum: Private law, concerning the relationships between individuals.
- Jus Respondendi: The right to give legal opinions, granted to certain jurists by the Emperor.
- Jus Scriptum: Written law, including laws, plebiscites, senatorial decrees, imperial constitutions, magistrates' edicts, and juristic answers.
- Jus Non Scriptum: Unwritten law, including customs and traditions.
- Lex Regiae: Laws attributed to the period of kings of Rome.
- Libertini: Freedmen, individuals who were formerly slaves and had been granted freedom.
- Mandata: Instructions given by the Emperor to administrative officials.
- Manumission: The act of freeing a slave.
- Pater Familias: The male head of the Roman family, possessing absolute power (patria potestas) over all members of the household.
- Patria Potestas: The power of the pater familias over his children.
- Peculium Castrense: A form of peculium (limited patrimony) acquired by a son through military service, which he could dispose of by will.
- Peregrini: Non-citizens who were considered friends to Rome.
- Plebian: Member of the lower social class in Rome.
- Praetor: A Roman magistrate in charge of administering justice.
Other important Roman Law concepts
- Senatus consulta: Resolutions of the Roman Senate, which later became a legal source.
- Comitia: Assemblies of the people that played a role in enacting laws.
- Lex: Statute; a law passed by the people, or by popular assemblies.
- Jus Civile: The legal system applying to Roman citizens.
- Jus Gentium: The legal system applying to foreigners and other "people" of Rome.
- Jus Honorarium: Additional law created by praetors over time that modified, and improved the existing law.
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Test your knowledge of key terms and concepts in Roman law with this informative quiz. From the roles of magistrates to the intricacies of kinship ties, explore the foundational elements of one of history's most influential legal systems. Perfect for students of law and history alike!
