Roman Legal Procedure

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Questions and Answers

What role did judges play during the period of imperial rule?

They served independently, free from imperial influence.
They acted as advisors to the Senate.
They were elected by the citizens of Rome.
They were officials of the empire. (correct)

Which of the following statements accurately describes the structure of the Formulary Procedure?

It consisted of two phases: *in iure*, focusing on legal arguments before a praetor, and *in iudicio*, the trial's second phase. (correct)
It relied on a complex system of written pleadings submitted by legal experts.
It was characterized by oral arguments presented directly to the emperor.
It involved a single-stage trial before a panel of judges.

What was the primary difference between the Formulary Procedure and the Extraordinary Procedure?

The Formulary Procedure involved a single judge, while the Extraordinary Procedure used a panel of judges.
The Formulary Procedure relied on written evidence, whereas the Extraordinary Procedure depended on oral testimonies.
The Formulary Procedure maintained a two-stage trial format, while the Extraordinary Procedure eliminated this division. (correct)
The Formulary Procedure was overseen by the emperor, while the Extraordinary Procedure was handled by local magistrates.

In which stage of Roman legal procedure would a praetor have been most actively involved?

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

Which of the following sequences accurately represents the chronological order of the three primary stages of Roman legal procedure?

<p>Legis Actiones, Formulary Procedure, Extraordinary Procedure (B)</p> Signup and view all the answers

Flashcards

Imperial Judges

Officials of the empire under imperial rule.

Legis Actiones

The most ancient form of Roman legal procedure.

In Iure

Trial format involving legal arguments presented before a praetor.

In Iudicio

Second phase of the trial in Formulary Procedure.

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Formulary Procedure

Roman legal procedure introduced by praetors, divided into two phases.

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Study Notes

Judges under imperial rule were officials of the empire.
Roman legal procedure evolved through three primary stages.

Legis Actiones (Ancient Law)

This represents the most ancient form of Roman legal procedure.

Formulary Procedure (Pre-Classical and Classical)

Praetors introduced this procedure.
It divided trials into two distinct phases.
In Iure: A phase involving legal arguments presented before a praetor.
In Iudicio: The second phase of the trial.
The division between in iure and in iudicio was eliminated.

Extraordinary Procedure (Post-Classical)

This procedure marked a departure from the earlier two-stage trial format.

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Description

Roman legal procedure evolved through legis actiones (ancient law), formulary procedure (pre-Classical and Classical), and extraordinary procedure (post-Classical). Formulary procedure involved 'in iure' and 'in iudicio' phases. The extraordinary procedure marked a departure from the two-stage trial format.