Roman Law Principles Quiz

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Questions and Answers

What should be done with a deformed child?

They should be sent to the praetor.

They should be killed immediately. (correct)

They should be raised by the state.

They should be given to a guardian.

What is the maximum amount of time a debtor can be held in bonds?

15 days

60 days (correct)

90 days

30 days

What is the penalty for a vendor who denies a flaw in a good that he is selling, when the flaw is actually present?

The vendor must pay double the price of the good. (correct)

The vendor must return the purchase price to the buyer.

The vendor must be imprisoned.

The vendor must be exiled.

If a father thrice surrenders a son for sale, what happens to the son?

The son is freed from his father. Signup and view all the answers

What is the time limit for paying a confessed debt?

30 days Signup and view all the answers

What happens if a party does not appear in court?

The case is decided in favor of the present party. Signup and view all the answers

What is the maximum amount of time that can be allowed for a dispute to occur?

Sunrise to sunset Signup and view all the answers

Who is responsible for providing a vehicle for a sick or elderly defendant?

The plaintiff Signup and view all the answers

What is the penalty for a debtor who does not pay their debt within the allotted time?

All of the above. Signup and view all the answers

What is the role of the magistrate in a dispute?

To act as a judge. Signup and view all the answers

What happens to a woman who is under guardianship, when she reaches the age of majority?

She remains under guardianship unless she is a vestal virgin. Signup and view all the answers

If a Roman citizen freedman dies intestate without a direct heir, who inherits his estate?

His patron Signup and view all the answers

What is the process for resolving a dispute if the parties cannot agree on terms?

The case is decided by an assembly of citizens. Signup and view all the answers

What is the penalty for a surety who fails to fulfill their obligation?

They must pay the debt themselves. Signup and view all the answers

What determines the amount of the deposit in a solemn deposit action?

The value of the property in dispute Signup and view all the answers

What type of action is appropriate for a dispute concerning the division of an inheritance among joint heirs?

Demand for a judex Signup and view all the answers

What is the primary purpose of a case citation?

To identify a past court decision. Signup and view all the answers

Which of the following is NOT typically included in a case citation?

The court's opinion about the case's importance. Signup and view all the answers

What is the main purpose of a case brief?

To create a written summary of an important legal decision. Signup and view all the answers

What does the 'F' in the acronym F-I-D-O, used to organize a case brief, stand for?

Facts. Signup and view all the answers

In the case of the Mignonette, what legal defense did Dudley and Stevens attempt to use?

Necessity. Signup and view all the answers

What was considered socially acceptable for sailors in peril at the time of the Mignonette incident?

Resorting to cannibalism in order to survive. Signup and view all the answers

Which of the following best characterizes the legal charge Dudley and Stevens faced upon their return to England?

Murder. Signup and view all the answers

Which of these best describes the 'Issue' of a case brief, according to the information given?

It is the legal question that the court needs to answer. Signup and view all the answers

What was the initial sentence given to Dudley and Stevens?

Death by hanging Signup and view all the answers

Why was Parker chosen as the victim?

He was the youngest, lowest ranked and sick. Signup and view all the answers

Which type of law applies to relationships between countries?

International law Signup and view all the answers

What is the main purpose of the 'rule of law'?

To regulate society, apply equally to all, and protect rights. Signup and view all the answers

In the R v. Dudley and Stevens case, whose law was determined to be applicable?

The law of the country where the ship was registered Signup and view all the answers

Which area of philosophy is dedicated to studying the nature and impact of laws?

Jurisprudence Signup and view all the answers

What fundamental aspect should be enforced by its government according to the definition in the provided content?

A body of rules recognized by a society Signup and view all the answers

What did the panel of judges decide regarding the defence of necessity in the Dudley and Stevens case?

Necessity was not a defence to murder. Signup and view all the answers

Why was the sentence for Dudley and Stevens reduced?

Because of public sympathy and outcry Signup and view all the answers

What was the core legal issue in the Dudley and Stevens case, as presented in the content?

Whether necessity is a defense to murder. Signup and view all the answers

What is the function of law in regards to disputes in society?

Law provides means to resolve disputes peacefully Signup and view all the answers

What type of law does the 'Lego v. Megabloks' case fall primarily under?

Civil law Signup and view all the answers

According to the content provided, how does Canadian law generally link to morality?

It generally reflects collective community standards or morality Signup and view all the answers

In the 'Lego v. Megabloks' case, what did Lego claim about its pieces, and what did they sue the other company for?

Trademark infringement, due to the appearance of the pieces Signup and view all the answers

What was the final sentence in the case of R v Dudley and Stephens?

6 months imprisonment Signup and view all the answers

Which type of legal protection is NOT correctly matched with the item it protects?

Trademarks - Inventions Signup and view all the answers

What was the main reason the court denied Lego's trademark claim?

Granting a trademark would create indefinite protection beyond the patent. Signup and view all the answers

In Ancient Greece, who was excluded from political rights such as voting?

Foreigners Signup and view all the answers

How did the jury system in Ancient Greece differ from that in modern-day Canada regarding the number of people?

Greek juries had varied sizes ranging from 101 to 1001 members, while Canadian juries are fixed at 6 or 12 members. Signup and view all the answers

What does it mean for a law to be 'codified'?

It has been arranged in a systematic manner. Signup and view all the answers

Which of the following is an example of a codified legal system?

Twelve Tables of Rome Signup and view all the answers

What was the name of the Roman code of laws written on bronze plates?

The Twelve Tables Signup and view all the answers

Who compiled and refined old laws into the 'Justinian Code'?

Emperor Justinian Signup and view all the answers

What is the main significance of Justinian's Code that is still felt today?

It forms the basis of justice systems in the western world. Signup and view all the answers

According to the Twelve Tables, what should occur if the defendant does not go to court after being summoned?

The plaintiff could take the defendant by force only after calling a witness. Signup and view all the answers

According to the Twelve Tables, what happens to a person who commits perjury?

They will be forced to pay a fine equivalent to theft Signup and view all the answers

According to Justinian's Code, who determines the status of a child as free or slave?

The parent through which the child was born from Signup and view all the answers

According to Justinian's Code, what was the rule about male adoption?

A male had to be old enough to adopt, women could adopt at certain times Signup and view all the answers

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

The person who finds them and removes them from the soil Signup and view all the answers

According to Justinian’s Code, can a doctor be held liable for accidents?

Yes, if they have acted like a normal responsible doctor would not have Signup and view all the answers

What is the warranty period for prescriptive right to acquire ownership of land?

Two years Signup and view all the answers

How long shall a woman need to absent herself to interrupt her husband's prescriptive right?

Three successive nights Signup and view all the answers

What action can one take against a person who has fixed timber in buildings or vineyards?

Seek double damages Signup and view all the answers

What represents the legal width of a road on a straight stretch?

Eight feet Signup and view all the answers

What is the penalty for breaking a freeman's bone with a club?

Three hundred asses Signup and view all the answers

What should be done if rainwater damages property?

Owner can bring legal action against the person responsible for the watercourse Signup and view all the answers

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

Twenty-five asses for each tree Signup and view all the answers

What is the legal action for damaging another's crop by cutting at night?

Capital punishment for adults Signup and view all the answers

What is the consequence of a thief committing theft by night if the owner kills him?

The thief is killed lawfully Signup and view all the answers

What shall be the punishment for anyone who sings an evil incantation causing dishonor to another?

A capital penalty Signup and view all the answers

If articles are sold and delivered, what is required to acquire ownership?

Payment of price or equivalent satisfaction Signup and view all the answers

What is the duration of the warranty of ownership against an alien?

Forever Signup and view all the answers

What must be done if there is a disagreement about regulating boundaries?

Three arbiters shall regulate boundaries Signup and view all the answers

What are guardians liable for if they steal a ward's property?

Double damages Signup and view all the answers

What penalty is imposed for inciting a public enemy?

Capitol punishment Signup and view all the answers

What is the consequence for speaking false witness?

Flung from the Tarpeian Rock Signup and view all the answers

What is forbidden to do with a dead body in the city?

Bury it Signup and view all the answers

What is the penalty for pasturing on another's crops stealthily by night?

Capital punishment Signup and view all the answers

Who can be punished capitally for receiving a bribe?

Judex or arbiter Signup and view all the answers

What happens if someone is executed without a trial?

It is forbidden Signup and view all the answers

What is restricted during funerals?

Crying out in mourning Signup and view all the answers

What should be done if a weapon accidentally leaves one's hand?

Substitute a ram as a peace offering Signup and view all the answers

What is the limit on funeral expenses?

Three mourners and one purple tunic Signup and view all the answers

What is abolished concerning funerals?

Anointing by slaves Signup and view all the answers

Who does not face penalties for a slave's actions?

The slave itself Signup and view all the answers

What is not allowed concerning property ownership disputes?

Dedicating for consecrated use Signup and view all the answers

What constitutes a rule made by guild members?

Rules that impair public law Signup and view all the answers

Who are considered agnati?

Those related through males Signup and view all the answers

What is the greatest capitis deminutio?

Loss of citizenship and liberty Signup and view all the answers

Which of the following is NOT a type of capitis deminutio?

Loss of family ties Signup and view all the answers

What is the legal term for a change in status?

Capitis deminutio Signup and view all the answers

How is a tutor appointed for an emancipated son?

By testament and confirmation by the praeses Signup and view all the answers

What is the legal term for the tutelage of freedmen and freedwomen by their patrons?

Legal tutelage Signup and view all the answers

Who is responsible for appointing tutors in the provinces?

The praesides Signup and view all the answers

What is the name of the law that designates agnati as legal tutors?

The Twelve Tables Signup and view all the answers

What is the significance of the ius postliminii?

It allows for the return of a captive tutor to their previous position Signup and view all the answers

How are tutors appointed under the current system?

By the prefect of the city or praetor in Rome, and by praesides in the provinces Signup and view all the answers

What is the primary difference between the old and new systems of tutor appointment?

The requirement of security and acceptance from the tutor Signup and view all the answers

Which of the following individuals is considered an agnate?

The son of a brother Signup and view all the answers

How is the right of cognatio affected by the greater capitis deminutio?

It is permanently lost Signup and view all the answers

What is the role of the praetor urbanus in the appointment of tutors?

He appoints tutors in the city of Rome Signup and view all the answers

Which type of tutelage is established by interpretation of the law, rather than express provisions?

Legal tutelage Signup and view all the answers

What is the primary focus of private law?

Interest of individuals Signup and view all the answers

Which of the following refers to the laws enacted by the Roman people through a senatorian magistrate?

Lex Signup and view all the answers

What distinguishes a senatusconsultum from other types of law?

It is a command or appointment by the senate Signup and view all the answers

Which element does NOT belong to the definitions of natural law?

Laws created by individual states Signup and view all the answers

The law of nations is characterized by which of the following?

Common laws established for all mankind Signup and view all the answers

According to the study of law, what is the primary result of overwhelming students with too many topics at once?

Abandonment of their studies or loss of confidence Signup and view all the answers

Which type of law takes its name from the state it governs?

Civil Law Signup and view all the answers

What is a plebiscitum in Roman law?

Rule created by the plebs Signup and view all the answers

What is the significance of the Lex Regia in Roman law?

It grants the emperor comprehensive powers Signup and view all the answers

What does the term 'jus civile' refer to in Roman law?

Civil laws of a particular community Signup and view all the answers

Which of the following statements about natural law is true?

It is universally understood by all living beings Signup and view all the answers

What role do edicts of praetors play in Roman law?

They carry significant legal authority Signup and view all the answers

What is the basic principle of justice as defined in the content?

To render everyone their due Signup and view all the answers

Which of the following best describes the approach to studying law as recommended?

Start with simple concepts before advancing Signup and view all the answers

What significant reform was introduced regarding freedmen?

They are now considered Roman citizens without distinctions. Signup and view all the answers

What was the role of Emperor Antoninus Pius in the treatment of slaves?

He established laws to protect slaves from excessive cruelty. Signup and view all the answers

Under Roman law, what power do parents have over their children?

They maintain control as long as the marriage is lawful. Signup and view all the answers

What is a restriction on marriage in Roman law?

Ascendants and descendants cannot marry each other. Signup and view all the answers

What happens to a master who unjustly punishes a slave?

They face punishment proportional to the offense. Signup and view all the answers

Which of the following is NOT true about the power of masters over slaves?

Slaves retain rights independent of their masters. Signup and view all the answers

What effect did the reforms regarding dedititii have?

They eliminated the class distinctions entirely. Signup and view all the answers

What defines lawful matrimony according to Roman law?

Consent of the parents must be given. Signup and view all the answers

What is one condition under which a child remains under the power of their parents?

The child must be born in lawful marriage. Signup and view all the answers

How were Latini Juniani addressed in the reforms?

They were completely abolished. Signup and view all the answers

What is the consequence of an incestuous marriage in Roman law?

The marriage is considered void and criminal. Signup and view all the answers

What must occur for a marriage contract to be valid?

Parental consent is mandatory for minors. Signup and view all the answers

Which of the following statements regarding children born out of wedlock is accurate?

They remain under the power of their mother's family. Signup and view all the answers

What is the ius honorarium primarily associated with?

Edicts published by magistrates in the state. Signup and view all the answers

What distinguishes a jurisconsultus?

Their decisions had to be unanimous to be binding. Signup and view all the answers

How is unwritten law defined?

Laws that come from common usage and customs. Signup and view all the answers

What aspect separates the civil law as implemented in Athens and Lacedaemon?

The use of written law versus oral traditions. Signup and view all the answers

What is the main characteristic of laws of nature?

They are immutable and established by divine providence. Signup and view all the answers

Who is referred to as a freedman?

A former slave who has been manumitted. Signup and view all the answers

What defines the process of manumission?

The act of freeing someone from slavery. Signup and view all the answers

What is the status of a child born to a free mother and a enslaved father?

The child is born free, regardless of the father's status. Signup and view all the answers

Under what circumstance can a slave become free?

Through manumission by their master. Signup and view all the answers

Which statement about freemen is correct?

Freemen can descend from both free and enslaved parents. Signup and view all the answers

What primarily differentiates a slave and a free person?

Their legal status and rights. Signup and view all the answers

What does the term 'servi' signify?

Those enslaved under the law of nations. Signup and view all the answers

What situation allows a person born in slavery to receive freedom?

Only if the mother is freed before childbirth. Signup and view all the answers

What was the role of curule aediles in relation to ius honorarium?

They published edicts that contributed to the ius honorarium. Signup and view all the answers

What happens when a natural father gives his son in adoption to his maternal grandfather?

The adopted son remains in the power of his adoptive father. Signup and view all the answers

What must the arrogator do before arrogating a person under the age of puberty?

Give security before a public person. Signup and view all the answers

Why is it considered unnatural for a younger person to adopt an older person?

Adoption should reflect natural order. Signup and view all the answers

Which statement is true regarding the power of an adoptive father?

An adoptive father's power is strengthened by natural ties. Signup and view all the answers

What is required for an arrogator to emancipate a person they have arrogated?

Demonstration of the pupil's worthiness. Signup and view all the answers

In which case does a person acquired through adoption have the same rights as a legitimate child?

In all cases of legal adoption. Signup and view all the answers

Who is not permitted to adopt according to the content?

Women, as they have no children in their power. Signup and view all the answers

If a father dies, what happens to his sons and daughters?

They immediately become independent. Signup and view all the answers

What happens if a child is deported?

The child loses all rights of a citizen. Signup and view all the answers

Under what condition may a man adopt a grandson who has another grandfather?

If he has the biological father's consent. Signup and view all the answers

If a grandfather gives his grandson in adoption, what is required?

No consent is necessary from the father. Signup and view all the answers

What is the main difference between a slave and a person who is adopted?

An adopted person retains the rights of citizenship. Signup and view all the answers

What happens to property upon the death of a grandfather?

Depends on whether the father is alive. Signup and view all the answers

What condition applies to individuals who wish to adopt children who are incapable of procreation?

They can adopt if they are impotent. Signup and view all the answers

When does a wild beast become the property of a person who has wounded it?

When it is captured Signup and view all the answers

Under what condition does a swarm of bees stop being considered the property of a person?

When they fly out of sight Signup and view all the answers

Which animals are regarded as still being in your possession during their flight if they are known to return?

Such as pigeons Signup and view all the answers

Under what condition may a man marry his adopted sister?

If the adoption is destroyed by emancipation Signup and view all the answers

What happens to naturally wild animals that have lost the habit of returning?

They become property of the first person that captures them Signup and view all the answers

Which of the following relations is prohibited for marriage due to close blood ties?

Brother's daughter Signup and view all the answers

If a frightened goose takes flight, how is it regarded?

As still belonging to its owner Signup and view all the answers

Why is the opinion confirmed that a wounded wild beast does not immediately become yours?

Accidents can prevent capture Signup and view all the answers

Why is a man forbidden to marry his wife's mother?

Due to a prohibition against multiple marriages Signup and view all the answers

What is required for bees that swarm onto your tree to be considered your property?

They must be hived by you Signup and view all the answers

Which type of marriage is considered lawful despite familial ties?

A son of a husband by a former wife and a daughter of a wife by a former husband Signup and view all the answers

Which of the following does not apply to naturally wild animals such as deer and birds?

They can be claimed by any person at any time Signup and view all the answers

Children conceived during a prohibited marriage are classified as what?

Spurii Signup and view all the answers

What must an individual do before adopting their son-in-law?

Emancipate his daughter Signup and view all the answers

Which marriage is explicitly prohibited due to affinity?

Man marrying his son’s wife Signup and view all the answers

What defines a marriage as being contracted in contravention of established rules?

The marriage violates prohibitory laws Signup and view all the answers

What happens if a son is given in adoption by his natural father?

He retains rights to his natural father's inheritance Signup and view all the answers

What is the consequence of engaging in a marriage that is prohibited?

There will be no recognition of the marriage Signup and view all the answers

What condition must be satisfied for a man to marry a daughter of a woman his father has adopted?

They must not be blood relatives Signup and view all the answers

What denotes familial ties that prevent marriage?

Civil and natural law relations Signup and view all the answers

Which is true regarding the legal status of stepchildren upon a parent's remarriage?

They may inherit through the parent's new marriage Signup and view all the answers

What happens to a son when his parent is taken prisoner?

The paternal power is only temporarily suspended. Signup and view all the answers

How can emancipation of a child be achieved under the new reforms?

Through a formal act in front of a judge. Signup and view all the answers

What remains intact if a parent is taken prisoner and later returns?

The parent's authority over the child. Signup and view all the answers

What does the term 'postliminium' refer to?

The restoration of rights after captivity. Signup and view all the answers

Who has the authority to give tutors to children under their power?

Parents by testament. Signup and view all the answers

What is one effect of emancipation regarding a parent's rights over a child?

The parent has the same rights over the child's goods as a patron. Signup and view all the answers

What happens to the rights of a child born after the father's emancipation?

The child is born in the power of the emancipated father. Signup and view all the answers

What occurs when a father adopts out his son to his own father or grandfather?

The paternal power is transferred to the adoptive father. Signup and view all the answers

In which situation does a grandparent NOT have the authority to appoint a tutor?

If the grandchildren are in the power of their father at the time of the grandparent's death. Signup and view all the answers

What happens to a parent's power over a child if the child is emancipated?

The parent's power remains over the child's goods. Signup and view all the answers

How is the term 'ius postliminii' best defined?

The legal rights of captives returning home. Signup and view all the answers

If a child is conceived after a parent's emancipation, how is the child's status defined?

The child is considered under the power of the parent. Signup and view all the answers

What can a parent do regarding multiple children and emancipation?

Choose to hold power over a grandson while emancipating the son. Signup and view all the answers

What is the legal definition of a tutor?

A person in authority over a minor for protection. Signup and view all the answers

What is the maximum value of property for which tutors or curators can be appointed by city defensores and the holy bishop without waiting for praeses?

500 solidi Signup and view all the answers

Under what circumstance can a pupil enter into a contract without the tutor's authorization?

Stipulating for something to be given Signup and view all the answers

At what age do males officially attain puberty according to the new regulation?

14 years Signup and view all the answers

What happens to the tutor's authority if he wishes to authorize an action after it has been completed?

It is considered ineffective. Signup and view all the answers

What is one way a pupil can be freed from tutelage before reaching puberty?

If they are captured as a slave Signup and view all the answers

Who is usually appointed as a curator for madmen or prodigals past the age of twenty-five?

The prefect of the city Signup and view all the answers

Which condition does NOT end the tutor's office?

Death of the pupil Signup and view all the answers

When can a curator NOT be appointed by testament?

For a specific purpose Signup and view all the answers

What is required for a pupil to enter into an inheritance?

Tutor's authorization is needed Signup and view all the answers

In what situation does the curator's role cease when appointed for a lawsuit?

When the lawsuit is settled Signup and view all the answers

Which of the following individuals traditionally receive curatorship until the age of twenty-five?

Males and females after puberty Signup and view all the answers

What consequence arises when the tutor undergoes a capitis deminutio?

Tutelage ends regardless of type Signup and view all the answers

What happens if a tutor is appointed to hold office until a specific condition is fulfilled?

Office ends upon condition's accomplishment Signup and view all the answers

Which of the following is a valid excuse for not serving as a tutor?

Being a military person Signup and view all the answers

What is the time limit prescribed for a tutor to offer excuses after their appointment?

Fifty days Signup and view all the answers

Which individual cannot be compelled to accept the position of curator if they are unwilling?

A person previously appointed as tutor Signup and view all the answers

Who has the authority to accuse a suspected tutor or curator?

Any woman driven by affection Signup and view all the answers

Which situation does NOT excuse someone from being a tutor according to the content?

Lack of acquaintance with the pupil's father Signup and view all the answers

What happens to a tutor accused of misconduct during the ongoing process?

Their duties are suspended Signup and view all the answers

Which group is specifically exempt from serving as tutors or curators?

Grammarians and physicians Signup and view all the answers

Who has the right to remove a suspected tutor or curator in Rome?

The praetor Signup and view all the answers

Which of the following situations would NOT make a tutor suspected?

Having a good reputation Signup and view all the answers

What is the consequence if a tutor dies while an accusation is pending against them?

The accusations become void Signup and view all the answers

What is required of a pupil when a tutor fails to provide maintenance?

The pupil can accuse the tutor Signup and view all the answers

What is a reason that does NOT qualify as a valid excuse for someone appointed as a tutor?

Being unfamiliar with legal processes Signup and view all the answers

In the context of tutoring, which situation indicates a valid reason for being suspected?

Failure to execute trust reliably Signup and view all the answers

Which statement correctly summarizes the appointment of tutors and curators?

Tutors are appointed for managing all assets. Signup and view all the answers

What action is taken against a tutor who falsely denies maintenance due to the smallness of a pupil's estate?

He is handed over to the prefect for punishment. Signup and view all the answers

Who is subject to punishment if found guilty of fraud while acting as tutor to a patron's descendant?

The tutor, if they are a freedman. Signup and view all the answers

What must happen to individuals found guilty of fraud in their administration, regardless of their offered security?

They must be removed from their position. Signup and view all the answers

According to natural law, which of the following is considered common to all humanity?

The air. Signup and view all the answers

How far does the seashore extend according to the content provided?

As far as the greatest winter flood runs up. Signup and view all the answers

What rights do individuals have regarding the public use of rivers and ports?

The right of fishing is common to all men. Signup and view all the answers

What happens to wild animals once they are captured?

They become the property of the captor by the law of nations. Signup and view all the answers

What is true about sacred things as described in the content?

They are subject to divine law and belong to no one. Signup and view all the answers

What is the status of ground where a sacred edifice was once erected, even if the building is gone?

It continues to be sacred. Signup and view all the answers

What type of things are considered belonging to corporate bodies?

Buildings in cities like theaters and race-courses. Signup and view all the answers

What is a condition for burying a dead body in land held in common?

Consent from all co-proprietors is necessary. Signup and view all the answers

Which of the following describes how someone may create a religious place?

By burying a dead body in their own land. Signup and view all the answers

How can the ownership of property be acquired according to the content?

Through natural law or civil law. Signup and view all the answers

If a tutor is unable to fulfill their duties due to illness, who appoints a temporary replacement?

The praetor or praeses of the province Signup and view all the answers

Why are testamentary tutors not required to provide security?

Their fidelity and diligence have been recognized by the testator. Signup and view all the answers

In the case of multiple tutors appointed by testament or magistrate, how can one be preferred to administer the property?

By offering security for the pupil's indemnification. Signup and view all the answers

Who can be held liable in a subsidiary actio if inadequate security is provided for a pupil?

The magistrate who accepted the security. Signup and view all the answers

What is the most common reason for excusing a tutor or curator from their duties?

Having a large number of children. Signup and view all the answers

Which of these is NOT considered a valid excuse for a tutor or curator to be relieved of their duties?

Having adopted three children. Signup and view all the answers

What is the general rule regarding the number of tutelages or curatorships that excuse someone from further such appointments?

Three unsolicited tutelages are enough unless the duties are shared. Signup and view all the answers

What condition, aside from poverty, can also serve as a valid excuse from being a tutor or curator?

Illness that prevents managing one's affairs. Signup and view all the answers

According to the Emperor Marcus's rescript, who is excused from serving as a tutor or curator while administering the property of the fiscus?

The individual administering the fiscus. Signup and view all the answers

What is the opinion of Papinian regarding tutors or curators who are called to a new tutelage, while they are already fulfilling one?

They are only entitled to a year's vacation upon their return from public service. Signup and view all the answers

When can a tutor or curator excuse themselves by alleging a lawsuit?

When the lawsuit involves a significant portion of the pupil's assets. Signup and view all the answers

Why can a tutor or curator be excused from the office if they have three children living?

The office of tutor or curator is considered a public one. Signup and view all the answers

What is the legal basis for the excuse from serving as a tutor or curator?

A Roman custom practiced for many years. Signup and view all the answers

Which individuals are exempted from serving as a tutor or curator, as long as they are engaged in their respective tasks?

Those administering the property of the fiscus. Signup and view all the answers

Who is not considered a valid excuse for a tutor or curator to avoid serving as a tutor?

Grandchildren of the tutor by a daughter. Signup and view all the answers

Study Notes

Legal Case Analysis

Case: A legal dispute between parties resolved through court or legal process.
Case Citation: Identifies a past court decision, providing:
- Style of cause
- Names of parties
- Year of decision (may differ from when case began)
- Reporter information (location of case report)
Case Brief: Written summary of a legal decision. Uses F-I-D-O to organize it:
- Facts: Relevant details of the case.
- Issue: Legal question the court must answer.
- Decision: Court's ruling and reasoning.
- Opine: Importance and consequences of the case (student analysis).

Legal Systems

Domestic Law: Rules applying within a country's territory.
- Example: Cruise ship/airplane laws adhere to the vessel/aircraft's registering country's laws.
International Law: Governs relationships between countries.
- Enforcement is challenging; most relies on countries agreeing to comply.
- Example: Outer Space Treaty governs space exploration.

Defining Law

Law: A body of rules a society recognizes and its government enforces.
- Visible Law: Written laws, court rulings.
- Invisible Law: Jurisprudence (philosophy, history, culture, morals, politics)

Purpose of Law

Order: Prevents anarchy and chaos.
Dispute Resolution: Peaceful and orderly solutions to conflicts.
Protection: Protects individuals, property, and rights.
Values: Embodies a society's ideals and goals.
Example: Drivers' license laws—practical; bigamy laws—moral.
Tension: Between law and society's morality.

Historical Roots of Law (Ancient Greece/Rome/Byzantine)

Ancient Greece: First democracy (Athens).
- Political rights: Limited voting rights for free men.
- Court system: Juries decided guilt/punishment (juries ranged from 101-1001).
Ancient Rome: Codified laws (Twelve Tables).
- Basic laws (property, inheritance, etc.) written on tablets.
Byzantine Empire: Justinian's Code.
- Compiled and refined Roman laws, foundational for modern Western legal systems.

Specific Case Example ("Lego v. Megabloks")

Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 65: Lego (Denmark) sued Megabloks (Canada) for trademark infringement.
Issue: Trademark of Lego's distinctive block design after patent expired.
Decision: No trademark, as appearance is a functional characteristic and not just a brand.
Reasoning: Unending trademark protection would deny benefits to other inventors beyond the 20-year patent period.

Historical Legal Codes

Hammurabi Code: Ancient Babylon, early example of codified law (1757 BCE).
Mosaic Law: (Old Testament).
Napoleonic Code: 18th century France.
Canadian Criminal Code: Current Canadian law.

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Description

Test your knowledge of key concepts in Roman law with this quiz. Questions cover topics such as penalties for debtors, the responsibilities of guardians, and rights of citizens. Perfect for students of law or anyone interested in ancient legal systems.