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?

<p>The son is freed from his father. (D)</p> Signup and view all the answers

What is the time limit for paying a confessed debt?

<p>30 days (A)</p> Signup and view all the answers

What happens if a party does not appear in court?

<p>The case is decided in favor of the present party. (D)</p> Signup and view all the answers

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

<p>Sunrise to sunset (C)</p> Signup and view all the answers

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

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

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

<p>All of the above. (D)</p> Signup and view all the answers

What is the role of the magistrate in a dispute?

<p>To act as a judge. (A)</p> Signup and view all the answers

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

<p>She remains under guardianship unless she is a vestal virgin. (D)</p> Signup and view all the answers

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

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

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

<p>The case is decided by an assembly of citizens. (B)</p> Signup and view all the answers

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

<p>They must pay the debt themselves. (B)</p> Signup and view all the answers

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

<p>The value of the property in dispute (C)</p> Signup and view all the answers

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

<p>Demand for a judex (D)</p> Signup and view all the answers

What is the primary purpose of a case citation?

<p>To identify a past court decision. (A)</p> Signup and view all the answers

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

<p>The court's opinion about the case's importance. (B)</p> Signup and view all the answers

What is the main purpose of a case brief?

<p>To create a written summary of an important legal decision. (C)</p> 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?

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

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

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

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

<p>Resorting to cannibalism in order to survive. (D)</p> Signup and view all the answers

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

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

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

<p>It is the legal question that the court needs to answer. (C)</p> Signup and view all the answers

What was the initial sentence given to Dudley and Stevens?

<p>Death by hanging (C)</p> Signup and view all the answers

Why was Parker chosen as the victim?

<p>He was the youngest, lowest ranked and sick. (D)</p> Signup and view all the answers

Which type of law applies to relationships between countries?

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

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

<p>To regulate society, apply equally to all, and protect rights. (D)</p> Signup and view all the answers

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

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

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

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

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

<p>A body of rules recognized by a society (D)</p> Signup and view all the answers

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

<p>Necessity was not a defence to murder. (C)</p> Signup and view all the answers

Why was the sentence for Dudley and Stevens reduced?

<p>Because of public sympathy and outcry (C)</p> Signup and view all the answers

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

<p>Whether necessity is a defense to murder. (A)</p> Signup and view all the answers

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

<p>Law provides means to resolve disputes peacefully (A)</p> Signup and view all the answers

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

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

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

<p>It generally reflects collective community standards or morality (C)</p> 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?

<p>Trademark infringement, due to the appearance of the pieces (B)</p> Signup and view all the answers

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

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

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

<p>Trademarks - Inventions (A)</p> Signup and view all the answers

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

<p>Granting a trademark would create indefinite protection beyond the patent. (A)</p> Signup and view all the answers

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

<p>Foreigners (B)</p> 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?

<p>Greek juries had varied sizes ranging from 101 to 1001 members, while Canadian juries are fixed at 6 or 12 members. (B)</p> Signup and view all the answers

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

<p>It has been arranged in a systematic manner. (A)</p> Signup and view all the answers

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

<p>Twelve Tables of Rome (C)</p> Signup and view all the answers

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

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

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

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

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

<p>It forms the basis of justice systems in the western world. (B)</p> 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?

<p>The plaintiff could take the defendant by force only after calling a witness. (C)</p> Signup and view all the answers

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

<p>They will be forced to pay a fine equivalent to theft (B)</p> Signup and view all the answers

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

<p>The parent through which the child was born from (C)</p> Signup and view all the answers

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

<p>A male had to be old enough to adopt, women could adopt at certain times (A)</p> Signup and view all the answers

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

<p>The person who finds them and removes them from the soil (A)</p> Signup and view all the answers

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

<p>Yes, if they have acted like a normal responsible doctor would not have (A)</p> Signup and view all the answers

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

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

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

<p>Three successive nights (C)</p> Signup and view all the answers

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

<p>Seek double damages (A)</p> Signup and view all the answers

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

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

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

<p>Three hundred asses (A)</p> Signup and view all the answers

What should be done if rainwater damages property?

<p>Owner can bring legal action against the person responsible for the watercourse (D)</p> Signup and view all the answers

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

<p>Twenty-five asses for each tree (C)</p> Signup and view all the answers

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

<p>Capital punishment for adults (B)</p> Signup and view all the answers

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

<p>The thief is killed lawfully (D)</p> Signup and view all the answers

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

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

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

<p>Payment of price or equivalent satisfaction (A)</p> Signup and view all the answers

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

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

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

<p>Three arbiters shall regulate boundaries (B)</p> Signup and view all the answers

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

<p>Double damages (D)</p> Signup and view all the answers

What penalty is imposed for inciting a public enemy?

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

What is the consequence for speaking false witness?

<p>Flung from the Tarpeian Rock (A)</p> Signup and view all the answers

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

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

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

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

Who can be punished capitally for receiving a bribe?

<p>Judex or arbiter (C)</p> Signup and view all the answers

What happens if someone is executed without a trial?

<p>It is forbidden (C)</p> Signup and view all the answers

What is restricted during funerals?

<p>Crying out in mourning (B)</p> Signup and view all the answers

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

<p>Substitute a ram as a peace offering (C)</p> Signup and view all the answers

What is the limit on funeral expenses?

<p>Three mourners and one purple tunic (C)</p> Signup and view all the answers

What is abolished concerning funerals?

<p>Anointing by slaves (A)</p> Signup and view all the answers

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

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

What is not allowed concerning property ownership disputes?

<p>Dedicating for consecrated use (A)</p> Signup and view all the answers

What constitutes a rule made by guild members?

<p>Rules that impair public law (B)</p> Signup and view all the answers

Who are considered agnati?

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

What is the greatest capitis deminutio?

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

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

<p>Loss of family ties (C)</p> Signup and view all the answers

What is the legal term for a change in status?

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

How is a tutor appointed for an emancipated son?

<p>By testament and confirmation by the praeses (A)</p> Signup and view all the answers

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

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

Who is responsible for appointing tutors in the provinces?

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

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

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

What is the significance of the ius postliminii?

<p>It allows for the return of a captive tutor to their previous position (A)</p> Signup and view all the answers

How are tutors appointed under the current system?

<p>By the prefect of the city or praetor in Rome, and by praesides in the provinces (D)</p> Signup and view all the answers

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

<p>The requirement of security and acceptance from the tutor (D)</p> Signup and view all the answers

Which of the following individuals is considered an agnate?

<p>The son of a brother (A)</p> Signup and view all the answers

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

<p>It is permanently lost (B)</p> Signup and view all the answers

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

<p>He appoints tutors in the city of Rome (A)</p> Signup and view all the answers

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

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

What is the primary focus of private law?

<p>Interest of individuals (C)</p> Signup and view all the answers

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

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

What distinguishes a senatusconsultum from other types of law?

<p>It is a command or appointment by the senate (D)</p> Signup and view all the answers

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

<p>Laws created by individual states (C)</p> Signup and view all the answers

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

<p>Common laws established for all mankind (A)</p> 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?

<p>Abandonment of their studies or loss of confidence (A)</p> Signup and view all the answers

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

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

What is a plebiscitum in Roman law?

<p>Rule created by the plebs (B)</p> Signup and view all the answers

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

<p>It grants the emperor comprehensive powers (B)</p> Signup and view all the answers

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

<p>Civil laws of a particular community (C)</p> Signup and view all the answers

Which of the following statements about natural law is true?

<p>It is universally understood by all living beings (C)</p> Signup and view all the answers

What role do edicts of praetors play in Roman law?

<p>They carry significant legal authority (D)</p> Signup and view all the answers

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

<p>To render everyone their due (C)</p> Signup and view all the answers

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

<p>Start with simple concepts before advancing (B)</p> Signup and view all the answers

What significant reform was introduced regarding freedmen?

<p>They are now considered Roman citizens without distinctions. (B)</p> Signup and view all the answers

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

<p>He established laws to protect slaves from excessive cruelty. (C)</p> Signup and view all the answers

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

<p>They maintain control as long as the marriage is lawful. (B)</p> Signup and view all the answers

What is a restriction on marriage in Roman law?

<p>Ascendants and descendants cannot marry each other. (B)</p> Signup and view all the answers

What happens to a master who unjustly punishes a slave?

<p>They face punishment proportional to the offense. (B)</p> Signup and view all the answers

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

<p>Slaves retain rights independent of their masters. (A)</p> Signup and view all the answers

What effect did the reforms regarding dedititii have?

<p>They eliminated the class distinctions entirely. (C)</p> Signup and view all the answers

What defines lawful matrimony according to Roman law?

<p>Consent of the parents must be given. (A)</p> Signup and view all the answers

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

<p>The child must be born in lawful marriage. (A)</p> Signup and view all the answers

How were Latini Juniani addressed in the reforms?

<p>They were completely abolished. (B)</p> Signup and view all the answers

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

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

What must occur for a marriage contract to be valid?

<p>Parental consent is mandatory for minors. (C)</p> Signup and view all the answers

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

<p>They remain under the power of their mother's family. (B)</p> Signup and view all the answers

What is the ius honorarium primarily associated with?

<p>Edicts published by magistrates in the state. (B)</p> Signup and view all the answers

What distinguishes a jurisconsultus?

<p>Their decisions had to be unanimous to be binding. (D)</p> Signup and view all the answers

How is unwritten law defined?

<p>Laws that come from common usage and customs. (A)</p> Signup and view all the answers

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

<p>The use of written law versus oral traditions. (C)</p> Signup and view all the answers

What is the main characteristic of laws of nature?

<p>They are immutable and established by divine providence. (B)</p> Signup and view all the answers

Who is referred to as a freedman?

<p>A former slave who has been manumitted. (B)</p> Signup and view all the answers

What defines the process of manumission?

<p>The act of freeing someone from slavery. (D)</p> Signup and view all the answers

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

<p>The child is born free, regardless of the father's status. (C)</p> Signup and view all the answers

Under what circumstance can a slave become free?

<p>Through manumission by their master. (B)</p> Signup and view all the answers

Which statement about freemen is correct?

<p>Freemen can descend from both free and enslaved parents. (B)</p> Signup and view all the answers

What primarily differentiates a slave and a free person?

<p>Their legal status and rights. (B)</p> Signup and view all the answers

What does the term 'servi' signify?

<p>Those enslaved under the law of nations. (A)</p> Signup and view all the answers

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

<p>Only if the mother is freed before childbirth. (C)</p> Signup and view all the answers

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

<p>They published edicts that contributed to the ius honorarium. (C)</p> Signup and view all the answers

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

<p>The adopted son remains in the power of his adoptive father. (C)</p> Signup and view all the answers

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

<p>Give security before a public person. (C)</p> Signup and view all the answers

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

<p>Adoption should reflect natural order. (B)</p> Signup and view all the answers

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

<p>An adoptive father's power is strengthened by natural ties. (A)</p> Signup and view all the answers

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

<p>Demonstration of the pupil's worthiness. (B)</p> Signup and view all the answers

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

<p>In all cases of legal adoption. (C)</p> Signup and view all the answers

Who is not permitted to adopt according to the content?

<p>Women, as they have no children in their power. (C)</p> Signup and view all the answers

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

<p>They immediately become independent. (D)</p> Signup and view all the answers

What happens if a child is deported?

<p>The child loses all rights of a citizen. (C)</p> Signup and view all the answers

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

<p>If he has the biological father's consent. (B)</p> Signup and view all the answers

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

<p>No consent is necessary from the father. (B)</p> Signup and view all the answers

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

<p>An adopted person retains the rights of citizenship. (D)</p> Signup and view all the answers

What happens to property upon the death of a grandfather?

<p>Depends on whether the father is alive. (B)</p> Signup and view all the answers

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

<p>They can adopt if they are impotent. (D)</p> Signup and view all the answers

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

<p>When it is captured (D)</p> Signup and view all the answers

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

<p>When they fly out of sight (D)</p> 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?

<p>Such as pigeons (D)</p> Signup and view all the answers

Under what condition may a man marry his adopted sister?

<p>If the adoption is destroyed by emancipation (D)</p> Signup and view all the answers

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

<p>They become property of the first person that captures them (B)</p> Signup and view all the answers

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

<p>Brother's daughter (A), Sister's daughter (C), Father's sister (D)</p> Signup and view all the answers

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

<p>As still belonging to its owner (B)</p> Signup and view all the answers

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

<p>Accidents can prevent capture (C)</p> Signup and view all the answers

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

<p>Due to a prohibition against multiple marriages (B)</p> Signup and view all the answers

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

<p>They must be hived by you (A)</p> Signup and view all the answers

Which type of marriage is considered lawful despite familial ties?

<p>A son of a husband by a former wife and a daughter of a wife by a former husband (D)</p> Signup and view all the answers

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

<p>They can be claimed by any person at any time (B)</p> Signup and view all the answers

Children conceived during a prohibited marriage are classified as what?

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

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

<p>Emancipate his daughter (C)</p> Signup and view all the answers

Which marriage is explicitly prohibited due to affinity?

<p>Man marrying his son’s wife (B)</p> Signup and view all the answers

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

<p>The marriage violates prohibitory laws (A)</p> Signup and view all the answers

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

<p>He retains rights to his natural father's inheritance (A)</p> Signup and view all the answers

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

<p>There will be no recognition of the marriage (B)</p> 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?

<p>They must not be blood relatives (B)</p> Signup and view all the answers

What denotes familial ties that prevent marriage?

<p>Civil and natural law relations (C)</p> Signup and view all the answers

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

<p>They may inherit through the parent's new marriage (C)</p> Signup and view all the answers

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

<p>The paternal power is only temporarily suspended. (B)</p> Signup and view all the answers

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

<p>Through a formal act in front of a judge. (C)</p> Signup and view all the answers

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

<p>The parent's authority over the child. (D)</p> Signup and view all the answers

What does the term 'postliminium' refer to?

<p>The restoration of rights after captivity. (D)</p> Signup and view all the answers

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

<p>Parents by testament. (B)</p> Signup and view all the answers

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

<p>The parent has the same rights over the child's goods as a patron. (D)</p> Signup and view all the answers

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

<p>The child is born in the power of the emancipated father. (B)</p> Signup and view all the answers

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

<p>The paternal power is transferred to the adoptive father. (A)</p> Signup and view all the answers

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

<p>If the grandchildren are in the power of their father at the time of the grandparent's death. (B)</p> Signup and view all the answers

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

<p>The parent's power remains over the child's goods. (A)</p> Signup and view all the answers

How is the term 'ius postliminii' best defined?

<p>The legal rights of captives returning home. (D)</p> Signup and view all the answers

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

<p>The child is considered under the power of the parent. (C)</p> Signup and view all the answers

What can a parent do regarding multiple children and emancipation?

<p>Choose to hold power over a grandson while emancipating the son. (C)</p> Signup and view all the answers

What is the legal definition of a tutor?

<p>A person in authority over a minor for protection. (B)</p> 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?

<p>500 solidi (B)</p> Signup and view all the answers

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

<p>Stipulating for something to be given (A)</p> Signup and view all the answers

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

<p>14 years (B)</p> 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?

<p>It is considered ineffective. (C)</p> Signup and view all the answers

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

<p>If they are captured as a slave (D)</p> Signup and view all the answers

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

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

Which condition does NOT end the tutor's office?

<p>Death of the pupil (A)</p> Signup and view all the answers

When can a curator NOT be appointed by testament?

<p>For a specific purpose (D)</p> Signup and view all the answers

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

<p>Tutor's authorization is needed (C)</p> Signup and view all the answers

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

<p>When the lawsuit is settled (D)</p> Signup and view all the answers

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

<p>Males and females after puberty (A)</p> Signup and view all the answers

What consequence arises when the tutor undergoes a capitis deminutio?

<p>Tutelage ends regardless of type (C)</p> Signup and view all the answers

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

<p>Office ends upon condition's accomplishment (D)</p> Signup and view all the answers

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

<p>Being a military person (A), A deep-seated enmity with the father of the pupil (D)</p> Signup and view all the answers

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

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

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

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

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

<p>Any woman driven by affection (C)</p> Signup and view all the answers

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

<p>Lack of acquaintance with the pupil's father (B)</p> Signup and view all the answers

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

<p>Their duties are suspended (B)</p> Signup and view all the answers

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

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

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

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

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

<p>Having a good reputation (D)</p> Signup and view all the answers

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

<p>The accusations become void (C)</p> Signup and view all the answers

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

<p>The pupil can accuse the tutor (A)</p> Signup and view all the answers

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

<p>Being unfamiliar with legal processes (A)</p> Signup and view all the answers

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

<p>Failure to execute trust reliably (D)</p> Signup and view all the answers

Which statement correctly summarizes the appointment of tutors and curators?

<p>Tutors are appointed for managing all assets. (D)</p> 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?

<p>He is handed over to the prefect for punishment. (D)</p> 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?

<p>The tutor, if they are a freedman. (A)</p> Signup and view all the answers

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

<p>They must be removed from their position. (A)</p> Signup and view all the answers

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

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

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

<p>As far as the greatest winter flood runs up. (C)</p> Signup and view all the answers

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

<p>The right of fishing is common to all men. (C)</p> Signup and view all the answers

What happens to wild animals once they are captured?

<p>They become the property of the captor by the law of nations. (C)</p> Signup and view all the answers

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

<p>They are subject to divine law and belong to no one. (C)</p> 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?

<p>It continues to be sacred. (D)</p> Signup and view all the answers

What type of things are considered belonging to corporate bodies?

<p>Buildings in cities like theaters and race-courses. (B)</p> Signup and view all the answers

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

<p>Consent from all co-proprietors is necessary. (A)</p> Signup and view all the answers

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

<p>By burying a dead body in their own land. (B)</p> Signup and view all the answers

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

<p>Through natural law or civil law. (A)</p> Signup and view all the answers

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

<p>The praetor or praeses of the province (B)</p> Signup and view all the answers

Why are testamentary tutors not required to provide security?

<p>Their fidelity and diligence have been recognized by the testator. (A)</p> 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?

<p>By offering security for the pupil's indemnification. (C)</p> Signup and view all the answers

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

<p>The magistrate who accepted the security. (D)</p> Signup and view all the answers

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

<p>Having a large number of children. (D)</p> 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?

<p>Having adopted three children. (A)</p> 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?

<p>Three unsolicited tutelages are enough unless the duties are shared. (A)</p> Signup and view all the answers

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

<p>Illness that prevents managing one's affairs. (A)</p> 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?

<p>The individual administering the fiscus. (A)</p> 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?

<p>They are only entitled to a year's vacation upon their return from public service. (D)</p> Signup and view all the answers

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

<p>When the lawsuit involves a significant portion of the pupil's assets. (D)</p> Signup and view all the answers

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

<p>The office of tutor or curator is considered a public one. (C)</p> Signup and view all the answers

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

<p>A Roman custom practiced for many years. (A)</p> 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?

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

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

<p>Grandchildren of the tutor by a daughter. (C)</p> Signup and view all the answers

Flashcards

What is a case?

A legal dispute between two parties that can be resolved by a court.

What is a case citation?

A way to identify a past court decision.

What is the style of cause in a case citation?

The names of the parties involved in a legal case.

What is the year of decision in a case citation?

The year when the court made its decision in a case.

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What is a case brief?

A written summary of a court decision.

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What are the facts in a case brief?

The facts of the case that are relevant to the legal issue.

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What is the issue in a case brief?

The legal question that the court has to answer.

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What is the decision in a case brief?

The court's ruling and the reasoning behind it.

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Domestic Law

The law that applies within the territory of a country.

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International Law

The law that governs relationships between countries.

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Cruise Ships and Airplanes

The law that applies on board a ship or airplane is the domestic law of the vessel's country of registration.

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The Outer Space Treaty

A treaty that governs the exploration and use of outer space, including the Moon.

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Law

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

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Jurisprudence

The study of what the law is, what the law should be, and how history, culture, and morals impact legal concepts.

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Visible Laws

Rules that are written down and enforced by courts, such as laws and court rulings.

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Invisible Laws

The unseen forces that shape the law, such as philosophy, history, culture, morals, and political forces.

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Purpose of the Law

The law's purpose is to provide order in society, resolve disputes peacefully, protect persons and their rights, and embody the goals and values of a society.

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Rule of Law

The principle that the law applies equally to everyone and no one can unlawfully remove our rights.

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Practical Laws

Laws that do not necessarily reflect morality but serve a practical purpose, such as drivers' license requirements.

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Moral Laws

Laws that reflect the moral values of society, such as the offense of bigamy.

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Morality

A code of conduct put forward by society or a sub-group within that society, such as religious groups.

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Tension between Morality and Law

Tension that exists between competing ideas of what is good, leading to debates about controversial topics.

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Lego v. Megabloks

A lawsuit where the parent company of Lego (Kirkbi AG) sued the parent company of Mega Bloks (Ritvik Holdings Inc.) for trademark infringement.

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Ancient Greek Democracy

The first form of democracy, developed in ancient Athens, circa 507 BCE.

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Roman Law

A system of legal principles and practices developed in ancient Rome, forming the basis of many Western legal systems.

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Legal Code

A collection of laws systematically recorded and arranged, clarifying the law for citizens and improving justice system efficiency.

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Twelve Tables

The basic laws of ancient Rome, inscribed on twelve bronze plates, established fundamental legal principles.

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Justinian's Code

A collection of Roman laws compiled by Emperor Justinian in the 6th century CE, forming the basis of many modern legal systems.

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Political Rights

The right to participate in political processes, including voting and holding office.

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Court System

The process of resolving legal disputes, involving courts and other legal institutions.

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Jury

A group of citizens chosen to decide on guilt or innocence in a criminal trial.

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Judge

A legal professional who presides over court proceedings, determines the law, and sets the punishment.

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Codified Law

A legal system in which laws are written down and organized into a systematic code.

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Codes

A group of laws that are collected and arranged in a systematic way.

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Suffrage

The right to vote in elections.

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Democracy

A system where citizens have the power to make decisions about their government.

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Monarchy

A system where a single person holds supreme power.

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Federalism

A system where power is shared between different levels of government.

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Prescriptive Right

A right to ownership gained after continuous and uninterrupted possession of land for a specified period, typically two years for land and one year for other items.

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Possession

A period of time during which a person possesses and uses land as their own, even without ownership.

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Prescriptive Period

The time frame within which a person can acquire ownership of a property through prescriptive right.

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Wife's Exemption from Marital Control

A woman could interrupt her husband's claim to ownership of her property by being absent from the home for three nights a year.

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Boundary Regulation

A legal way to resolve a dispute between neighboring land owners about the exact location of a property boundary.

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Action for Damage

A right to receive compensation for damages caused by a neighbor's actions, even if the neighbor did not act intentionally.

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Right of Way

The right to use a piece of land for a specific purpose, such as building a road.

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Arbitration

An agreement between parties to resolve a dispute through a neutral third party.

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Torts or Delicts

The legal system's protection against wrongful or harmful actions.

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Evil Incantation

A harmful magic spell or incantation aimed at causing harm or disgrace.

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Incantation Causing Dishonor

A person may be punished for composing or singing a spell that brings disgrace upon another.

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Retaliation or Compensation

The right to choose between two outcomes: receiving a payment for the damage or having the person who caused the damage punished.

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Theft

Taking another's property unlawfully and secretly.

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Criminal Law

A system of penalties and punishments for crimes such as theft, arson, and usury.

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Action

A legal action where one party makes a formal claim against another, demanding a specific outcome or compensation.

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Bond

A formal agreement or statement that binds a person to a particular course of action or obligation.

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Vehicle

A vehicle used to transport someone who is sick or elderly to court. The right to provide a vehicle is granted by law.

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Property value

The value of property used to calculate the deposit required in a legal case.

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Penal sum

The amount of money deposited as security to ensure the parties will fulfill their obligations in a legal case.

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Surety

A person who is required to provide financial support for another person who is involved in a legal proceeding.

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Controversy

A dispute or disagreement between two or more parties that requires a legal resolution.

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Plead the case

The process of formally presenting evidence and arguments before a court or magistrate to determine the truth of a matter.

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Arbiter

A person who is chosen to settle a dispute between parties through arbitration.

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Thirty days

A period of time allowed for the payment of a debt or fulfillment of a legal obligation.

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Creditor

A person who has the right to claim payment from a debtor, as a result of a legal judgment.

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Laying hand on

The act of physically seizing a debtor who has failed to pay their debt, by forcing them to court, binding them, and potentially placing them in prison.

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Paternal power

The legal right of a father to control the life and death of his son, and to exercise authority over his actions and choices. This power could be waived by the father.

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Repudiate

The act of a husband formally ending his marriage with his wife, involving a formal declaration, taking away the keys to the house, and expelling her from the household.

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Guardian Liability for Misconduct

Guardians who mishandle their wards' property can be sued for double damages, with each guardian responsible for the full amount.

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Patron Defrauding Clients

A patron who defrauds a client will be cursed.

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Witness Testimony Requirement

Anyone who allows themselves to be called as a witness or serves as a scales-bearer without speaking their testimony will be dishonored and barred from providing or receiving testimony.

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Penalty for False Witness

A person convicted of speaking false witness will be thrown from the Tarpeian Rock.

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Accidental Killing vs. Intentional

If a weapon is released accidentally, a ram is offered as a peace offering to prevent blood revenge, unlike intentional killings.

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Penalty for Stealing Crops

A person who secretly steals crops at night will be executed and sacrificed to Ceres, a more severe punishment than homicide.

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Prohibition on Drug Administration

Administering a drug is a crime. Details of this law are missing.

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Ban on Nocturnal Meetings

No one is allowed to hold clandestine meetings within the city.

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Guild Rulemaking Power

Guilds can create their own rules, but these rules cannot contradict public law.

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Capital Punishment Approval

Laws concerning the death penalty for a citizen must be approved by the Greatest Assembly, not by individual groups.

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Bribery for Judges & Arbiters

A judge or arbiter convicted of accepting bribes will be punished with capital punishment.

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Investigator's Authority for Murder

Investigators of murder are given special responsibility.

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Treason and Enemy Incitement

Anyone who incites an enemy or betrays a citizen to an enemy will be punished with death.

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Trial Before Death

No one can be put to death without a trial and conviction.

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Burial and Cremation Restrictions

Dead individuals are not allowed to be buried or cremated within the city.

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Justice

Justice is the principle of treating everyone fairly and giving them what they are due.

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Natural Law

The natural law is based on the instincts and behavior shared by all living things, including humans.

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Civil Law

Civil law is the set of rules and regulations that govern a specific state, city, or region.

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Law of Nations

The law of nations is a set of principles and rules that govern relationships between different countries, often based on shared values and customs.

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Written Laws

Written laws are those that are officially recorded and published, such as statutes, codes, and court decisions.

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Unwritten Laws

Unwritten laws are customs, traditions, and general principles that are not explicitly written down but are recognized and followed within a society.

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Plebiscitum

A plebiscitum is a formal law passed by the plebeians, proposed by a plebeian magistrate like a tribune.

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Senatusconsultum

A senatusconsultum is a decision or decree made by the Roman senate, essentially an advisory body.

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Constitutiones

Constitutiones are enactments or orders issued by Roman emperors, which held the force of law.

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Edicts

Edicts were official pronouncements issued by Roman magistrates, often containing new laws or regulations.

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Responsa

Responsa were legal opinions delivered by Roman jurisprudents (experts in law), which were often used as precedents by judges.

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Deditic

The lowest class of freedmen in ancient Rome, with limited rights and freedoms. They lacked full Roman citizenship.

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Ius Honorarium

The collection of legal rulings and principles established by magistrates and other officials.

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Justinian's Reforms

A reform that granted Roman citizenship to all freedman, regardless of how they were freed or their age, abolishing the dediticii status.

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Jurisprudenti Answers

The opinions and decisions of legal experts appointed by the Emperor to interpret the law.

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Dependent Persons

Persons subject to the power of another, like slaves to their masters or children to their parents.

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Power of Masters

The legal power that masters had over their slaves, including the right to life and death over them.

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Antoninus Pius' Constitutio

A legal document issued by the Emperor Antoninus Pius restricting the power of masters over slaves, emphasizing the need for humane treatment and limiting the use of violence.

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Laws of Nature

Universal moral principles that apply to all societies and are believed to be divinely ordained.

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Freedom

The state of being free from slavery, allowing individuals to act independently.

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Power of Parents

The legal power of parents over their children, granting significant control over their lives and future.

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Slavery

A legal institution where one person is owned by another, violating natural rights.

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Marriage

The union between a man and a woman recognized by law, forming a legal bond and creating rights and obligations.

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Marriage Restrictions

Restrictions on marriage, forbidding unions between certain close relations, like parents and children or siblings.

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Ingenuus

A person born into freedom, meaning they were not born into slavery or later freed from it.

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Freedmen

A person who has been released from slavery, gaining some level of freedom.

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Marriageable Age

The age at which a person is considered legally capable of entering marriage.

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Parental Consent for Marriage

The permission required for a child under parental power to marry, demonstrating respect for parental authority.

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Manumission

The act of releasing a slave from servitude, granting them freedom.

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Classes of Freedmen

The division of freedmen into various legal categories, each granting different levels of rights.

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Codification of Law

The practice of enacting and organizing laws into a codified system, ensuring clarity and ease of access.

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Main Categories of Law

The main categories of legal subjects: persons, things, and actions.

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Marriage and Adoption

Marriage between individuals who are related through adoption is not permitted.

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Kinship through Adoption

The legal relationship created by adoption is considered a valid basis for establishing kinship restrictions on marriage.

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Marriage Prohibition after Emancipation

Even if the adoption is later dissolved, the prohibition on marriage between those related through adoption still applies.

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Marriage between Cousin

Marriage between cousins is permitted, as long as they are not related through an adopted parent.

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Marriage to Aunts and Great-aunts

It is forbidden to marry a paternal or maternal aunt or great-aunt, regardless of whether the relationship is through birth or adoption.

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Marriage to Step-daughters and Daughters-in-Law

A man cannot marry his wife's daughter or his son's wife because they are considered his daughters.

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Marriage to Step-Mothers and Mother-in-Law

Marriage is prohibited to your wife's mother or your father's wife because they are considered your mothers.

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Marriage between Step-Siblings

Children from previous marriages can marry each other, even if there are siblings born from the second marriage.

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Marriage to a Former Spouse's Relative

Marriage between individuals who are related as a result of a previous marriage is prohibited.

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Marriage and Slavery

A relationship established through slavery, even after emancipation, remains an impediment to marriage.

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Other Marriage Restrictions

Other marriage prohibitions exist but are not specifically mentioned as they are detailed in other legal texts.

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Consequences of Prohibited Marriages

Marriages that violate legal prohibitions are considered invalid, and the children born from such unions are considered illegitimate.

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Methods of Adoption

Adoption can be conducted by a formal imperial decree or by the authority of a magistrate.

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Adoption by Imperial Rescript (Arrogation)

Imperial rescript (arrogation) allows adoption of individuals who are sui juris, meaning they have full legal capacity.

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Adoption by Magistrate Authority

Adoption by the authority of a magistrate involves individuals who are under the legal authority of an ascendant.

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Natural and Adoptive Rights Concurring

A situation where the rights of nature and adoption converge in the same person, strengthening the adoptive father's power over the adopted son.

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Arrogation

The formal acceptance of a child into a family as a legal heir, especially through a legal process or imperial rescript.

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Security for Arrogation

A legal requirement for the arrogator to guarantee the return of the pupil's property to rightful heirs if the pupil dies before reaching puberty.

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Emancipation Restrictions in Arrogation

A legal restriction preventing the arrogator from emancipating the arrogated person without due cause and ensuring property restitution.

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Age Requirement for Adoption

The principle that a younger person cannot adopt an older person, reflecting the natural order.

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Adopting Descendants

The ability for someone to adopt a descendant or any other family member, even if they have no biological children.

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Adopting Grandsons as Sons

The possibility for a man to adopt another man's son as his grandson, or vice versa, creating unusual family relationships.

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Consent in Family Adoption

The requirement for consent from the adopted son or natural son when another person is adopted into their family, ensuring their autonomy.

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Assimilation of the Adopted

The legal principle that an adopted or arrogated individual enjoys many of the same rights as a biological child, including the possibility of being readopted.

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Adoption Restrictions for Castrated Individuals

The limitation that while impotent people can adopt, castrated individuals cannot, highlighting the societal views of the time.

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Women's Restrictions in Adoption

The inability of women to adopt due to their lack of legal control over their children, with emperors granting exceptions.

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Adoption by Imperial Rescript

The unique aspect of adoption by imperial rescript where the adopter also gains control over the adopted's children, creating a multi-generational effect.

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Adoption as a Path to Freedom

The legal principle that a slave's adoption by their master grants them freedom, as documented in ancient texts and later constitutions.

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Freeing From Power

The process of freeing individuals from legal dependence or power, such as slaves from masters, or offspring from parents upon the parent's death.

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Inheritance and Power

The exception to the rule where a person's death does not always free their descendants, as they might fall under the power of their father.

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Imperial Dignity and Paternal Power

Although a father retains power over his son, even if the son becomes a soldier, senator, or consul, the imperial dignity frees a son from his father's power upon granting the imperial patent.

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Paternal Power and Captivity

The power of a father over his son is suspended when the father is taken prisoner due to "ius postliminii".

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Paternal Power Upon Father's Death in Captivity

If a father dies while a prisoner, his son is considered independent, free from paternal power, from the moment the father was captured.

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Ius Postliminii: Return to Rights

"Ius postliminii" allows a prisoner returning home to regain former rights, including parental power over children.

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Emancipation: Freeing Children

Emancipation, formerly achieved through fake sales and imperial rescripts, now allows parents to directly free their children before a judge.

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Emancipation and Control over Goods/ Guardianship

A parent emancipating a child gains the same rights over the child's goods as a patron has over a freedman's, and becomes the child's guardian if they're under age.

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Selective Emancipation

A father can emancipate his son, retaining power over his grandson, or vice versa, or free both.

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Adoption and Paternal Power Transfer

Adoption, formally declared before a judge, extinguishes paternal power over the adopted child and transfers it to the adoptive father.

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Child's Paternal Power After Emancipation or Adoption

If a son is emancipated or adopted during his wife's pregnancy, the child is born under his father's original power. If the child is conceived after, the child is under the power of the emancipated or adopted father.

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Children's Limited Freedom from Paternal Power

Children, both natural and adopted, have limited ability to force parents to free them from their power.

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Tutelage: Protecting Young Individuals

Tutelage is the legal authority over an individual under the age of puberty, granted to protect them due to their immaturity.

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Tutors: Protectors of Minors

Tutors, the ones who have this authority, take their name because they "protect and defend" the person.

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Appointment of Tutors: Parents vs Grandfathers

Parents can appoint tutors for their children under the age of puberty, but grandfathers can only appoint tutors for grandchildren who won't be under their father's power after the grandfather dies.

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Posthumous Children and Tutors

Posthumous children, those born after their father's death, can also have tutors appointed, as long as they would have been in their father's power if they had been born alive.

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End of Tutelage

Tutelage, just like the father's power, can be extinguished by the child reaching the age of puberty.

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Tutor

A person appointed to manage the affairs of a minor who has not yet reached the age of puberty.

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Curator

A person who acts as a legal representative for someone who is of legal age but still needs assistance, especially those under 25.

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Age of Puberty

The age at which a person is legally considered an adult and no longer subject to guardianship.

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Actio Tutela

A legal action that can be taken against a tutor who has mismanaged a pupil's property.

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Capitis Deminutio

A change of status in Roman law that can occur in three ways: losing citizenship and liberty, losing citizenship but keeping liberty, or changing legal status without losing liberty or citizenship.

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Greater Capitis Deminutio

The most severe form of capitis deminutio, where a person loses both citizenship and freedom, often as punishment for crimes.

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Less or Middle Capitis Deminutio

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

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Least Capitis Deminutio

The least severe form of capitis deminutio, where a person's legal status changes without losing either citizenship or freedom, such as transitioning from being under the power of another to being independent.

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Agnatio

The legal relationship between individuals through male lineage, including brothers, sons of brothers, and fathers' brothers. This relationship doesn't include those related through women.

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Testamentary Tutor

A tutor appointed by a testator in their will.

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Legal Tutors

Tutors appointed by law to those who haven't been assigned a tutor by will. This often occurs with agnati, or relatives through the male line.

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Patron Guardianship

Legal guardianship granted to patrons (former masters) of freedmen and freedwomen, and their children. It's a legal duty established through interpretation rather than explicit law.

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Appointing Tutors

The legal appointment or selection of a tutor for someone without one. This was done at Rome by the praetor urbanus and tribunes, and in the provinces by the praesides.

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Common Things by Nature

Things that are common to everyone by nature. Examples include air, running water, and the sea.

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Public Things

Things that belong to the public and are used by everyone. Examples include rivers, ports, and shores.

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Things Belonging to Corporate Bodies

Things owned by a group or community, like buildings in cities, theaters, and racecourses.

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Sacred and Holy Things

Things dedicated to the divine and not owned by anyone. Examples include temples and consecrated objects.

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Things Acquired by Capture

Things that become property of the person who captures them. Examples include wild animals, birds, and fish.

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Natural Liberty

A wild animal that has escaped from captivity or has been injured and cannot be easily recaptured is considered to have regained its natural liberty and is no longer the property of the person who had it.

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Wounded Animal Ownership

A wild animal that has been wounded and could be easily captured does not become the property of the person who wounded it until they actually capture it.

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Bee Ownership

Bees that swarm on your property are not yours until you've hived them. Anyone can take the honeycombs from a swarm.

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Habitual Return

Animals, like peacocks and pigeons, that regularly leave and return to your property are considered yours as long as they intend to return. However, if they stop returning, they become the property of whoever captures them.

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Domestic Animal Ownership

Unlike wild animals, domestic animals like chickens and geese are considered yours even if they escape and you lose sight of them.

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Wife's Exemption

A woman could temporarily escape her husband's control over her property by spending three nights per year away from home. This limited her husband's ability to claim her belongings.

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Damage Compensation

A person has the right to receive compensation or punish their neighbor for damages caused to their property, even if the neighbor did not intend to cause harm.

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Excuse for Tutor/Curator

Enmity against the father of a pupil or adult, if of a deadly character and no reconciliation has taken place, is typically considered a valid excuse from being a tutor or curator.

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Tutor's Responsibility

A tutor who has been appointed is considered appointed for the entire patrimony (inheritance) of the pupil, even if there are multiple assets.

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Tutor Not Required to be Curator

A person who has served as a tutor is not obligated to become the curator of the same person later on, even if the father requested it in the will.

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Husband Excused from Curatorship

A husband who has been appointed as a curator to his wife can excuse himself from the office, even if he has already taken some action in managing her affairs.

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False Excuse for Tutorship

Anyone who falsely claims to be excused from the office of tutor, is not actually relieved of their duty.

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Suspected Tutor/Curator

A tutor or curator can be removed if they are not fulfilling their duty. They may be removed even before they officially take up the position.

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Tutor's Duty of Support

A tutor who fails to provide for the maintenance of their pupil can be removed for suspicion of mishandling funds.

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Accusing a Suspected Tutor

The right to accuse a suspected tutor or curator belongs to the praetor in Rome, and the praesides or the legate of the proconsul in provinces.

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Who can be Accused of Suspicion

Any tutor, whether appointed by will or through law, can be accused of suspicion. This includes legal tutors.

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Patron as Suspected

A patron can be accused of suspicion, but their reputation should be protected even if they are removed.

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Who can Accuse a Suspect

Anyone can accuse a suspected tutor or curator, including women, especially if motivated by love for the pupil.

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Accusation Age Requirements

People under the age of puberty cannot accuse their tutors, but those who are older can accuse their curators with the support of family members.

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Criteria for Suspected Tutor

A tutor who is insolvent (unable to pay debts) or who is acting fraudulently can be removed as suspected. Even before taking up office, a tutor can be removed for suspicion.

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Consequences of Suspicion

If a tutor or curator is convicted of fraud, they will be considered infamous. However, those convicted of neglect are not necessarily condemned the same way.

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Suspicion Pending Case

If a legal action is brought against a suspected tutor or curator while they are still in office, their administration is suspended until the case is resolved.

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Study Notes

  • 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).
  • 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.
  • 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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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.

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