Roman Law Glossary Quiz

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Questions and Answers

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.

False (B)

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.

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

Gaius believed that the opinions of jurists were not a source of law.

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

An Emperor Hadrian's order explicitly stated that the judge could choose whichever legal opinion they preferred, even if jurists disagreed.

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

The opinions of jurists were always considered as significant as laws made by the emperor.

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

If the opinions of all Roman jurists on a matter aligned, their consensus was considered legally binding.

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

The term "Jus Civile" can refer to the complete legal system of Rome.

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

Gaius Terentilius Arsa was one of the ten men who drew up the Twelve Tables.

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

The "Jus Civile" was originally intended to govern only interactions between Roman citizens.

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

The Senate’s senatusconsultum ultimum ordered the consuls to safeguard the Republic in times of crisis.

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

The "Jus Honorarium" was created to provide legal protection for foreigners within Rome.

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

The Roman People considered the Senate’s power to pass senatusconsulta an encroachment on their legislative prerogative.

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

Roman law, like the "Jus Civile", evolved over time, with the passage of new laws and the refinement of existing ones.

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

The plebeians were unhappy with the patricians' control over the law.

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

Prior to the development of "Jus Gentium", foreign individuals in Rome were exempt from any legal protections.

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

The Decemvirs, appointed to create the Twelve Tables, were all patricians.

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

Gaius was allowed to give legal advice to others.

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

The "Jus Gentium" is an example of a set of laws solely unique to the Roman legal system.

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

Early societies in the past were characterized by static laws that rarely changed or adapted.

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

The emperor Marcus Aurelius ruled before Gaius.

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

The Twelve Tables were inspired by the laws of Athens, particularly those written by Solon.

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

The Twelve Tables were completed in 451 BC.

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

The Twelve Tables, a written legal code, were considered a major contributor to the development of the "Jus Civile".

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

The term "justice" has the same meaning when applied to a moral standard and a legal standard.

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

Gaius is known for writing a collection of Roman laws called the "Digest".

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

Scholars believe that Gaius wrote a legal text discussing everyday issues called "Res Cottidianae".

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

Ulpian's definition of jurisprudence is too narrow because it excludes morality and religion.

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

Cicero believed that the last two tables, written by the second Decemvirs, were fair.

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

Analytical jurisprudence, according to the author, prioritizes the analysis and classification of legal institutions and terms.

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

Sextus Pomponius, another legal scholar, was often mentioned in the works of later legal scholars.

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

Historical jurisprudence involves the exploration of how law has evolved over time.

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

One of Pomponius's works, known as "Enchiridion", became part of the "Breviary of Alaric"

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

Critical jurisprudence, as described by Bentham, is concerned with what the law should be.

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

The Verona palimpsest, which includes Gaius's "Institutes", was discovered in 1816 in the city of Verona.

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

Gaius was known for his expertise in the history of Roman law.

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

The comparative method of study is exclusive to analytical jurisprudence.

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

The term "comparative law" is synonymous with historical jurisprudence.

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

Justinian's division of law into Public Law and Private Law is a common distinction in the Roman legal system.

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

The Roman leges were always related to treaties, provinces, and constitutional matters.

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

The Comitia Centuriata passed the Lex Hortensia, which made plebiscites binding on all Roman citizens.

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

Senatus Consulta* were initially considered mere advice but eventually gained the force of law.

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

The Senatus Consultum Ultimum was a decree used to protect the state from internal conflict and was issued by the Senate.

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

The Praetor Urbanus was responsible for cases involving foreigners.

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

The Curule Aediles issued edicts related to market trade.

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

The Edictum Perpetuum was codified by Emperor Trajan around 130 AD.

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

Roman law consisted of only written sources.

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

Flashcards

Senatusconsultum

An order established by the Senate with the force of law.

Senatusconsultum ultimum

A resolution directing officials to protect the commonwealth during crisis.

Twelve Tables

The first codified laws of Roman society, addressing plebeian grievances.

Gaius Terentilius Arsa

Tribune who proposed reforms for a codified law system.

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Decemvirs

The ten men appointed to draft the Twelve Tables of law.

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Comitia Centuriata

The assembly that approved the first ten tables of laws.

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Solon's Code

Influential set of laws from Athens that inspired Roman law reformers.

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Usurped authority

When power is taken or held without right or proper authority.

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Emperor's Absolute Power

The Emperor's unchecked ability to create laws including decrees, rescripts, and edicts.

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Responsa Prudentium

Legal opinions provided by professional lawyers (jurists) in ancient Rome.

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Jus Respondendi

The right granted to certain jurists to give official legal opinions.

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Masurius Sabinus

The first jurist granted Jus Respondendi by Emperor Tiberius.

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Gaius

A famous Roman lawyer who recognized jurists' opinions as legally important.

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Law of Citations

Rules regarding the authority of jurists' legal opinions in Rome.

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Conflict of Opinions

When jurists agree, their opinion is law; if not, judges choose.

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Emperor Hadrian's Rule

Law stating judges could follow the majority opinion of jurists or choose any if divided.

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Moral Standard

A criterion to evaluate laws based on ethics, outside legal systems.

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Legal Standard

Concept of 'justice' as defined by a country's laws.

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Jurisprudence

The science of law, encompassing analytical, historical, and critical aspects.

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Analytical Jurisprudence

Focuses on the analysis and classification of legal terms and institutions.

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Historical Jurisprudence

Studies the development and evolution of law over time.

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Critical Jurisprudence

Evaluates what law should be, not just what it is.

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Public Law

Branch of law regulating the relationship between individuals and the state.

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Private Law

Branch of law governing relationships between private individuals.

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Customary Law

Law that imitates a statute but is unwritten.

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English Common Law

Developed from court decisions and traditions, not a single written code.

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Jus Non Scriptum

Meaning unwritten law in Roman legal context.

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Leges (Acts)

Laws passed by the Roman people in assemblies.

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Senatus Consulta

Decrees of the Senate that gained the force of law over time.

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Magistratuum Edicta

Edicts issued by certain Roman officials outlining administration of justice.

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Edictum Perpetuum

Codification of magistrates' edicts by Emperor Hadrian around 130 AD.

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Institutes of Gaius

The most notable legal work from classical Roman law, surviving largely intact.

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Verona palimpsest

A manuscript discovered in 1816 that contained the full text of the Institutes of Gaius, previously thought lost.

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Sextus Pomponius

A contemporary legal writer to Gaius, known for his contributions to the history of Roman law.

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Res Cottidianae

A likely work by Gaius addressing everyday legal matters.

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Digest

A collection of Roman legal writings that included excerpts and works by various jurists, including Gaius.

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Jus Civile

The law created specifically for Roman citizens, based on customs and written rules.

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Threefold Division of Roman Law

The classification of Roman private law into jus naturale, jus civile, and jus gentium.

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Jus Naturale

Laws based on natural rights, common to all humans.

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Jus Gentium

Laws that apply to all people, including non-Romans, created for legal protection.

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Jus Honorarium

Laws introduced by Roman officials to enhance the fairness of the legal system.

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Evolution of Law

The process by which laws change and adapt over time, especially with external influences.

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Roman Jurists

Legal experts in Rome who refined and expanded Jus Civile over time.

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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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