AMNE 333 MIDTERM Terms Flashcards
1
Q
Corpus Iuris Civilis (6th cen)
A
This is a compilation of Roman law commissioned by Emperor Justinian I in the 6th century CE. It aimed to codify and clarify centuries of Roman law and served as the foundation for legal systems across Europe for centuries. It consists of three parts: the digest, institutes and code.
2
Q
Digest, Institutes, Code
A
Digest: This contains legal writings from Roman jurists.
Institutes: This is a textbook meant to introduce law students to the basic principles of Roman law.
Code: This is a collection of imperial legislation.
3
Q
mos maiorum
A
This translates to “the customs of the ancestors” and refers to the unwritten, traditional rules that were highly influential in Roman society
4
Q
pontifices
A
The pontifices were a college of priests who played a crucial role in early Roman law. Initially, they were the interpreters and guardians of the law, holding significant influence over its application.
5
Q
patricians
A
This refers to members of the elite class in early Roman society. They held significant political power and were distinguished from the plebeians.
6
Q
plebeians
A
This term denotes the common citizens of Rome, initially excluded from many political and religious offices. Their struggle for rights led to significant changes in Roman law and society.
7
Q
12 Tables
A
This is the earliest attempt to codify Roman law, dating back to the 5th century BCE. It served as a foundation for later legal developments.
8
Q
lex
A
This term refers to a formally enacted law passed by a Roman legislative body. During the Republic, leges were primarily enacted by popular assemblies.
9
Q
ius
A
This is a broader concept than lex. It refers to law or right in a general sense, encompassing legal principles, rules, and procedures [5]. It can also be used to denote a specific legal right.
10
Q
maiores magistratus
A
These are the higher-ranking elected officials of the Roman Republic. Consul and Praetor.
11
Q
consul
A
This is the highest elected office in the Roman Republic. Two consuls were elected annually and held significant executive and military power.
12
Q
praetor
A
Praetors were high-ranking magistrates with primarily judicial responsibilities. Their role in developing the ius honorarium made them key figures in Roman legal history.
13
Q
praetor urbanus
A
This praetor was responsible for legal disputes between Roman citizens. He was the chief judicial officer in Rome and dealt with a wide range of civil matters.
14
Q
praetor peregrinus
A
This praetor handled cases involving foreigners (peregrini) or legal disputes between citizens and foreigners [7]. The creation of this office reflects the growing complexity of Roman law and the increasing interactions with non-citizens as the empire expanded.
15
Q
minores magistratus
A
This refers to the lower-ranking elected officials of the Roman Republic. Their roles were more specialized compared to the maiores magistratus. Aedile and Quastor.
16
Q
aedile
A
These officials had responsibilities for public works, maintaining order in the city, and organizing games and festivals. Their role in regulating marketplaces gave them some legal functions.
17
Q
quaestor
A
Quaestors were primarily financial officials responsible for managing public funds and state revenues. They also sometimes served as assistants to higher-ranking magistrates.
18
Q
imperium
A
This term refers to the supreme executive power exercised by certain Roman magistrates, such as consuls and praetors [8]. It encompassed a range of powers, including the right to command armies, administer justice, and issue binding decrees.
19
Q
coercitio
A
This refers to the power of a Roman magistrate to enforce their authority, including the use of physical force or punishment. It was an essential element of imperium and allowed magistrates to maintain order and enforce legal decisions.
20
Q
fasces
A
These are a bundle of rods with an axe protruding from them [9]. They symbolized a Roman magistrate’s power to punish, representing both the authority to flog and to execute.
21
Q
cursus honorum
A
This translates to “the path of honours” and refers to the traditional sequence of public offices held by aspiring Roman politicians. It typically involved progressing through lower-ranking offices like quaestor and aedile before seeking higher positions like praetor and consul.
22
Q
censor
A
Censors were elected every five years and held a unique position in Roman society. They were responsible for conducting a census, assessing the moral character of citizens, and maintaining public morality.
23
Q
tribune of the plebs
A
This official was elected by the plebeians to protect their interests and represent them before the Senate and other magistrates. They had the power to veto certain actions of other officials, giving them significant influence in Roman politics.
24
Q
senate
A
This was a powerful advisory body composed of elder statesmen. They played a significant role in shaping Roman policy and offered advice to magistrates.
25
senatus consultum(pl. -a)
This is a decree or resolution issued by the Senate [12]. While not formally laws, they carried significant weight and often influenced the actions of magistrates and the development of Roman law.
26
senatus consultum ultimum
This term refers to a decree by the Senate that granted extraordinary powers to consuls in times of emergency. It essentially allowed the consuls to take any measures deemed necessary to protect the Republic, including the use of force.
26
Comitia Centuriata
This was one of the primary Roman assemblies, organized based on wealth and age. It held legislative, electoral, and judicial powers and was initially dominated by patricians.
27
Comitia Tributa
This assembly organized Roman citizens by geographic tribes. It gained greater importance over time and played a key role in passing legislation.
28
Concilium Plebis
This was the assembly composed exclusively of plebeians. Its resolutions (plebiscita) eventually gained the force of law, effectively challenging patrician dominance in Roman politics and lawmaking.
29
plebiscita (pl. –es)
These are resolutions passed by the Concilium Plebis [14]. Initially, these resolutions only applied to plebeians, but later they gained the force of law for all Roman citizens, reflecting the increasing political power of the plebeians.
30
ius civile
This refers to the law specific to Roman citizens, as opposed to ius gentium. It was based on long-standing customs and traditions, as well as formally enacted legislation.
30
ius honorarium
This body of law was developed by Roman magistrates, particularly praetors, through their edicts. It aimed to supplement or correct the existing ius civile by introducing new legal remedies and procedures. It was crucial for adapting Roman law to changing social needs and for addressing situations not covered by the more formal legal system.
31
edictum praetoris – Praetor’s edict
This was an annual proclamation by the Praetor outlining the legal remedies and procedures he would uphold [17]. It allowed praetors to introduce new legal actions, adapt existing ones, and grant relief in situations where the ius civile provided no solution. The edictum praetoris played a crucial role in the development of Roman law, as it allowed for flexibility and adaptation to evolving social needs.
32
ius gentium
This term refers to the body of legal principles that Romans considered common to all peoples, in contrast to the ius civile, which applied specifically to Roman citizens. It emerged from the interaction with foreign peoples and was used to govern relationships with and between non-citizens. As the empire expanded, ius gentium provided a framework for governing diverse populations and facilitated the integration of foreign legal concepts.
33
jurists
These were legal experts in Roman society [20]. They provided advice and interpretations of the law to both private individuals and public officials. Their writings and opinions were highly influential in shaping legal principles and practices.
34
ius respondendi
This was a special privilege granted by the Emperor to certain jurists, giving their legal opinions the force of law. This effectively recognized the authority of these jurists and helped solidify legal doctrine.
35
decreta
These are legal rulings or judgments issued by a magistrate, especially the emperor, in a specific case.
36
edicta
This refers to official proclamations or announcements issued by Roman magistrates, especially praetors, laying out their legal approach and intended actions.
37
mandata
This term refers to instructions or orders given by a higher-ranking official, such as the emperor or a provincial governor, to a subordinate.
38
cognitio extraordinaria
This term refers to a legal procedure in which a magistrate handled a case from beginning to end, departing from the traditional division between the in iure and apud iudicem phases of Roman trials [24]. It became more prevalent during the later Roman Empire, signifying a shift toward greater imperial control over legal proceedings.
38
in iure
The first stage of a typical Roman trial, taking place before the praetor. During this stage, parties would establish their claims and defences, leading to the creation of the formula, which would serve as the legal framework for the case.
38
rescripta
These are written answers or opinions provided by the Emperor in response to legal questions or petitions from officials or private citizens [21]. They served as a way for the emperor to clarify legal issues and guide the application of the law.
39
litigatio per formulae
This denotes a later, more flexible system of Roman civil procedure that replaced the legis actiones. It utilized written formulas to outline the specific legal issues in a case, allowing for more nuanced legal arguments and greater adaptability.
39
legis actio (pl. –nes)
This is a term for the highly formalized, early procedures used in Roman civil law. These procedures relied on strict adherence to specific rituals and verbal formulas, and any deviation could lead to the loss of a case.
40
litis contestatio
The formal joining of issues in a Roman trial. [2] This marked the conclusion of the in iure phase and the transition to the apud iudicem phase.
41
actio iudicati
42
apud iudicem
The second stage of a typical Roman trial, taking place before a lay judge. Here, evidence was presented and the judge would apply the previously established formula to reach a legally binding judgment.
43
formula
A written document that outlined the specific legal issue being addressed in a Roman trial. It was formulated during the in iure phase and served to guide the proceedings during the apud iudicem phase.
44
nominatio
the appointment of the judge. The procedure for selecting a judge was similar to the previous system. Plaintiff suggesting names from the official list until the defendant afreed failing which the praetor would make the choice himself. Nominatio was essential in a formula.
45
demonstratio
A clause stating the facts from which claim arose.
Used only in actions in personam for unliquidated damages.
Where the judge had a discretion as to the amount awarded.
In such cases a clause demonstrating the facts on which the claim was essential.
46
intentio
plaintiff’s statement of claim. This was the very heart of the formula where the plaintiff stated the cause of action, alleging either an existing civil law right or the presence of such facts as justified the allowing of his claim.
47
exceptio
If a defendant wished to raise a specific defence, he would do so here, and would defeat the plaintiff if it was upheld.
A simple denial of facts did not require an exceptio.
If plaintiff wished to counter this, we would isert a repicatio—a set of facts which (if proved) defeated the alleged defence.
It was not possible to plead a replicatio that alleged fraud against a defendant if he was relying on a plea of fraud against the plaintiff.
48
condemnatio
The clause that directed the judge to make a decision by commending or absolving the defendant. Expressed in money terms, the amount being stated if plaintiff was seeking a liquidated (specific) sum. Otherwise, amount was left to the discretion of the judge.
49
vituperatio
great deal of ritual abuse (vituperatio) about your looks, habits, breeding and so forth.
50
centumviri
A panel of 105 judges who heard specific types of civil cases in Roman law, often related to inheritance and property disputes.
51
recuperatores
A panel of judges in Roman law, often used for cases related to financial matters or those involving non-citizens.
52
unus iudex
This phrase refers to a single lay judge who would preside over the apud iudicem phase of a trial. [1] This contrasts with other forms of judicial panels, such as the centumviri.
53
album iudicium
"Album" generally refers to a list, while "iudicum" relates to judges. It's plausible that "album iudicum" refers to a list of eligible judges, perhaps similar to a jury pool.
54
perduellio
A serious crime against the Roman state, akin to treason.
54
maiestas
Another term for treason in Roman law, signifying a crime against the Roman state or its majesty.
55
ambitus
referred to the crime of electoral corruption or bribery, specifically the illegal practice of using undue influence, gifts, or promises to secure political office. The term derives from the Latin word ambire, meaning "to go around," which originally referred to candidates going around soliciting votes. Over time, it came to denote unethical or illegal methods of doing so.
56
provocatio
the right of a Roman citizen to appeal a magistrate's decision to a higher authority [1]. This right served as a check on the power of magistrates and highlighted the importance of due process for Roman citizens.
57
quaestiones perpetuae
Permanent courts established in Roman law to hear specific types of criminal cases.
58
infamia
A loss of legal and social standing in Roman society, resulting in diminished rights and privileges.
58
quaestio de repetundis
The quaestio de repetundis was a court established to address the crime of extortion or corruption committed by Roman magistrates and provincial governors. This was one of the earliest permanent criminal courts (from 149 BCE, via the Lex Calpurnia de Repetundis).
58
quaestio de adulteriis
The quaestio de adulteriis was a special court established to deal with cases of adultery and related sexual offenses, created by the Lex Iulia de Adulteriis Coercendis under Emperor Augustus in 18 BCE.
59
sui iuris
A term used to describe a person who was legally independent and possessed full legal capacity in Roman law. This typically applied to individuals not under the authority of a paterfamilias.
60
alieni iuris
A term used to describe a person who was legally dependent on another, such as a child under patria potestas or a wife in manus marriage, meaning they lacked full legal capacity.
61
patria potestas
The extensive legal power a Roman father (paterfamilias) held over his children. This included control over their property, person, and decisions, extending to the "power of life and death" in some instances.
62
pater familias
The head of a Roman household, holding significant legal authority over family members, including those under patria potestas.
63
agnatio
A relationship through the male line in Roman law, particularly relevant in matters of inheritance and guardianship.
64
ius vitae et necis
The "right of life and death" - a component of patria potestas, granting the Roman father considerable power over the lives of his children, although subject to social and legal constraints.
65
peculium
Property or funds that a person under patria potestas, like a son or slave, could control and manage, separate from the paterfamilias's estate, although still ultimately under his ownership.
66
peculium castrense
Peculium castrense refers to a legal concept in Roman law that allowed a son under his father's authority (patria potestas) to own and manage property that he had acquired specifically through military service. Despite still being under the legal control of his father, the peculium castrense was considered the son's own property, and the father had no control over it.
67
emancipatio
Emancipatio: The legal process by which a son was freed from patria potestas, granting him legal independence (sui iuris) before the father's death.
68
adoptio
A legal process in Roman law through which a person was taken into a different family and placed under the patria potestas of the adoptive father.
69
adrogatio
A specific type of adoption in Roman law where a person sui iuris was adopted by another paterfamilias. This process required formal approval, typically from the Comitia Curiata, given its impact on family lines and inheritance.
70
manumissio censu
Freeing a slave by registering them as a citizen in the census.
71
manumissio vindicta
A form of manumission carried out through a mock legal claim before a magistrate.
72
Lex Fufia Caninia
Manumission limits: The law placed restrictions on how many slaves could be freed upon a master’s death, depending on how many slaves the master owned:
If a master owned between 3 and 10 slaves, they could free no more than half.
If a master owned between 10 and 30 slaves, they could free a third.
If a master owned between 30 and 100 slaves, they could free a quarter.
If a master owned between 100 and 500 slaves, they could free no more than one-fifth.
For owners of more than 500 slaves, no more than 100 slaves could be freed.
72
manumissio testamento
Freeing a slave by declaration in the owner's will.
73
Lex Aelia Sentia
The Lex Aelia Sentia was a law enacted in 4 CE under Augustus, aimed at regulating the manumission (freeing) of slaves. Its primary purposes were to control the number of slaves being freed and to impose conditions on their manumission. Key provisions of the law include:
Age restrictions: A master had to be at least 20 years old, and the slave had to be at least 30 years old for manumission to be legally valid.
Limitations on informal manumissions: The law placed restrictions on informal manumissions, ensuring that freed slaves were not automatically granted full Roman citizenship unless the proper legal processes were followed.
Dediticii clause: Slaves who had committed serious offenses could not be granted Roman citizenship upon manumission but would instead be categorized as dediticii, a lower and less privileged legal status.
Junian Latins: Slaves manumitted without following all the legal formalities would become Junian Latins instead of full citizens.
74
dediticii
Dediticii were a class of people defeated in war who had surrendered unconditionally to Rome. They were considered lower in status than other non-citizens and had minimal legal rights.
The dediticii were explicitly excluded from the privileges of Roman citizenship and faced various restrictions. For example, they were forbidden to live within a certain distance of Rome and were ineligible for citizenship even through manumission.
In Roman law, former slaves who had been manumitted but had a history of severe misconduct (like crimes or rebellion against their masters) could also be classified as dediticii.
75
Junian Latins
The Junian Latins were a class of freedmen who had been manumitted (freed) informally or without meeting the full legal requirements for Roman citizenship. As a result, they did not receive full Roman citizenship but were instead given the status of Latini or Latin rights, which was a legal status between a Roman citizen and a non-citizen.
The name Junian Latins comes from the Lex Iunia Norbana (enacted around 19 CE), which regulated this class. They had the right to live in Rome and other Roman territories and could own property, but they lacked full political and civil rights. Their children, however, could become Roman citizens if certain conditions were met.
76
obsequium
Obsequium refers to the duty of respect and deference that a freedman owed to their former master (patronus). It encompassed various forms of legal and social obligations, including refraining from legal actions against the patron, showing loyalty, and providing assistance when needed.
Unlike operae, which were specific tasks or services, obsequium was a broader moral and legal duty, reflecting the hierarchical relationship that persisted between the freedman and their former owner even after manumission.
76
operae
Operae refers to the services or labor that a freedman (former slave) was obligated to perform for their former master, known as the patronus, after being granted manumission (freedom). These services could be stipulated in the manumission agreement and often took the form of personal services, agricultural work, or other tasks.
If the freedman failed to perform these operae, the patron could bring a legal action to enforce the obligation. The nature and extent of the required operae could vary, but they represented a continued duty to the former master, rooted in the concept of client-patron relationships in Roman society.
77
Tutela
Tutela refers to the legal guardianship over persons who were considered legally incapable of managing their own affairs, such as minors and women (in certain cases). The tutor (guardian) was responsible for protecting the ward's person and property, managing legal and financial matters on their behalf. Roman law distinguished between different types of tutela, such as:
Tutela impuberum (guardianship over minors).
Tutela mulierum (guardianship over women, though this became less common over time).
78
tutor legitimus
A tutor (guardian) appointed by law to manage the affairs of a person who could not do so themselves, particularly for a minor or a woman under legal guardianship (tutela). The tutor legitimus was typically the nearest male agnate (a relative through the male line), acting automatically by operation of law without the need for appointment by a will or magistrate.
79
tutor legitimus
A tutor appointed by the will of the deceased father or another legal guardian. This guardian would manage the affairs of the minor or ward according to the stipulations set forth in the testament.
80
tutor testamentarius
A tutor appointed by the will of the deceased father or another legal guardian. This guardian would manage the affairs of the minor or ward according to the stipulations set forth in the testament.
81
tutor dativus
A tutor appointed by a magistrate (often a praetor) when no tutor legitimus or tutor testamentarius was available. This occurred in cases where no relative or will designated a guardian, and the appointment was made through official legal mechanisms.
82
administratio
Refers to the management or administration of the property or affairs of the person under guardianship (tutela). The tutor was responsible for the prudent administration of the ward's property and general well-being, with obligations to act in their best interest.
83
actio tutelae
A legal action that could be brought against a tutor by the ward (once they reached adulthood) to account for their management of the ward's affairs. It was a way to ensure accountability for any malfeasance or mismanagement during the period of guardianship.
84
cura minorum
A legal institution concerning the care or guardianship (cura) over minors between the ages of 14 and 25. Unlike younger minors who had tutores, this age group could still be subject to guardianship if deemed necessary, particularly for business and legal transactions.
85
cura furiosi
The guardianship or care over individuals who were declared insane (furiosi). This kind of guardianship was responsible for managing the person’s property and personal well-being, with the curator acting in their stead for legal and financial matters.
86
cura prodigi
Guardianship over individuals (prodigi) who squandered their property and were legally deemed incapable of managing their own affairs. The law allowed a curator to be appointed to protect the person's property and prevent them from further dissipation.
87
tutela mulieris
Refers to the legal guardianship (tutela) of women, especially those who were under the power of their paterfamilias or widows without male guardians. Women, though legally adults, were often subject to male guardianship in legal matters, though the practice gradually diminished over time.
88
affectio maritalis
A term used to describe the mutual intention and sentiment of a couple to live together as husband and wife. This intent was key to establishing the legal status of marriage under Roman law, marking the difference between lawful marriage and cohabitation without legal recognition.
89
manus
A form of marital authority where a woman came under the legal control of her husband or his paterfamilias. In a marriage cum manu, the wife was legally transferred from her father's authority into that of her husband’s family, essentially becoming part of his household and property.
90
confarreatio
A highly formal and religious type of marriage, reserved primarily for patricians. It involved specific religious rituals and was associated with high priestly offices. This form of marriage was necessary for certain religious and state positions in Roman society.
91
coemptio
Another form of marriage, involving a symbolic sale of the woman to her husband. It was less formal than confarreatio and could be employed by plebeians. Through this ceremony, the woman passed into the manus of her husband.
92
usus
A form of informal marriage that occurred after cohabitation for a year, during which the wife would come under her husband's manus unless she absented herself for three consecutive nights each year. It was the simplest form of establishing a marriage under Roman law.
93
sine manu
A marriage sine manu was a type where the woman did not come under the manus of her husband, retaining legal control over her own property and remaining under the guardianship of her father or nearest male relative. This form of marriage became more common in the late Republic and Imperial period.
94
Lex Iulia de Maritandis Ordinibus
A law introduced by Augustus to promote marriage and childbearing among the Roman upper classes. It imposed penalties on men and women who remained unmarried or childless and provided incentives for those who married and had children.
95
Lex Papia et Poppaea
A law complementing the Lex Iulia de Maritandis Ordinibus, also aimed at encouraging marriage and procreation. It reinforced penalties for those who remained single or childless, rewarding families with children by granting legal privileges.
96
Ius trium liberorum
A legal privilege granted to women (and sometimes men) who had borne three children (for freeborn citizens) or four (for freedwomen). This status provided various legal benefits, including exemptions from certain forms of guardianship and restrictions under inheritance laws.
97
Lex Iulia de Adulteriis Coercendis
A law introduced by Augustus to regulate sexual morality and punish adultery. It criminalized adultery, with strict penalties for both men and women caught in adulterous relationships, including exile or confiscation of property. The law also gave the father or husband legal rights to prosecute adulterous offenses.
