Book VII: Procedural Law (cc. 1400-1752) Flashcards
Contentious Cause
A cause with a constitutive goal (such as a party claiming ownership of something) or a declarative goal (such as determining whether something has occurred.
Tribunal of the Roman Rota
(needs revision)
- The Ordinary tribunal of the Apostolic See, as well as, the tribunal to which an appeal is made.
Competence of the Roman Rota
1st Instance: any trial entrusted to it by the Roman Pontiff and any trial on which the parties request their judgment.
2nd Instance: Any cause adjudicated by an ordinary 1st instance tribunal.
3rd Instance: Any causes which the Rota has already adjudicated.
It also holds sole competence for causes involving:
- Bishops in contentious matters.
- Abbot Primates
- Superiors of Monastic Congregations
- Moderators of institutes of pontifical
right
- Dioceses
- Ecclesiastical persons who answer only to the Supreme Pontiff.
Supreme Tribunal of the Apostolic Signatura
The Supreme Administrative tribunal of the Apostolic See that can serve as the appellate court to causes adjudicated in the Rota.
Competence of the Apostolic Signatura
1st Instance: when a Rotal judge is accused
And competence:
- over conflicts of competence of other
tribunals
- disputes between dicasteries.
Tribunal of the DDF
This tribunal handles disciplinary matters dealing with delicts reserved to the Dicastery and adjudicated by the Supreme Apostolic Tribunal established therein, which then declares or imposes canonical sanctions according to the norm of law, both common and proper, without prejudice to the competence of the Apostolic Penitentiary.
Apostolic Penitentiary
An organ of justice that is analogously a tribunal of mercy.
Competence:
- In all matters regarding the internal forum and indulgences as expressions of divine mercy.
Judicial Competence
The Jurisdictional limit of authority that can be by way of territory (territorial), instance, (functional), matter (material), or persons (subjective).
Relative Incompetence
Non invalidating incompetence such as territorial jurisdiction.
Absolute Incompetence
A detrimental lack of jurisdiction that is nullifying.
Ponens
The judge who writes the decision of a collegiate tribunal.
Praeses
The presiding judge who directs the entire process and must be a cleric.
Promoter of Justice
A technical consultant who publicly urges the judge to do certain things and argues for the truth.
Defender of the Bond
Must propose/explain everything that can reasonably be said in defense of a bond.
Procedural Incapacity
Lack of a natural ability to be involved in a process due to mental illness that is defined by knowing the difference between error/truth and one’s own interests.
Guardian/Curator
One who stands before a judge on a party’s behalf.
Procurator
One who acts in the name of a party and must request a mandate to do so.
Useful time
Time in which a person can exercise a right which requires their awareness.
4 Stages of a Contentious Trial
- Introduction
- Instruction
- Discussion
- Decision
Libellus
A written, juridic act by which the object of a controversy is proposed and the ministry of the judge is requested.
Formulation of the Doubt (Joinder)
The decree by which the Judicial Vicar defines the question to be explored.
Decree of Instruction
The decree, after the formulation of the doubt, by which the ponens presents a suitable time for the parties to present and complete the proofs.
Moral Certitude
The elimination of positive, prudent doubts.
Judicial Confession
A declaration, in the presence, and at the questioning, of a competent judge, against the validity of one’s own marriage.
Decree of conclusion
The decree declaring the end of the Instruction Stage (not the definitive sentence).
Suspension
When a trial has not been concluded but a party dies, it is halted until an heir comes forward.
Abatement
When a trial ceases due to a lack of action for 6 months by the parties.
Renunciation
When a trial ceases due to a petitioner’s voluntary withdrawal.
Restitutio in Integrum
An extraordinary remedy in causes not relating to the status of persons whereby an unappealable decision is challenged for grave reasons [thus dissolving the original decision].
