Book VII: Procedural Law (cc. 1400-1752)

Question 1

Contentious Cause

Answer 1

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.

Question 2

Tribunal of the Roman Rota
(needs revision)

Answer 2

• The Ordinary tribunal of the Apostolic See, as well as, the tribunal to which an appeal is made.

Question 3

Competence of the Roman Rota

Answer 3

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.

Question 4

Supreme Tribunal of the Apostolic Signatura

Answer 4

The Supreme Administrative tribunal of the Apostolic See that can serve as the appellate court to causes adjudicated in the Rota.

Question 5

Competence of the Apostolic Signatura

Answer 5

1st Instance: when a Rotal judge is accused

And competence:
- over conflicts of competence of other
tribunals
- disputes between dicasteries.

Question 6

Tribunal of the DDF

Answer 6

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.

Question 7

Apostolic Penitentiary

Answer 7

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.

Question 8

Judicial Competence

Answer 8

The Jurisdictional limit of authority that can be by way of territory (territorial), instance, (functional), matter (material), or persons (subjective).

Question 9

Relative Incompetence

Answer 9

Non invalidating incompetence such as territorial jurisdiction.

Question 10

Absolute Incompetence

Answer 10

A detrimental lack of jurisdiction that is nullifying.

Question 11

Ponens

Answer 11

The judge who writes the decision of a collegiate tribunal.

Question 12

Praeses

Answer 12

The presiding judge who directs the entire process and must be a cleric.

Question 13

Promoter of Justice

Answer 13

A technical consultant who publicly urges the judge to do certain things and argues for the truth.

Question 14

Defender of the Bond

Answer 14

Must propose/explain everything that can reasonably be said in defense of a bond.

Question 15

Procedural Incapacity

Answer 15

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.

Question 16

Guardian/Curator

Answer 16

One who stands before a judge on a party’s behalf.

Question 17

Procurator

Answer 17

One who acts in the name of a party and must request a mandate to do so.

Question 18

Useful time

Answer 18

Time in which a person can exercise a right which requires their awareness.

Question 19

4 Stages of a Contentious Trial

Answer 19

1. Introduction
2. Instruction
3. Discussion
4. Decision

Question 20

Libellus

Answer 20

A written, juridic act by which the object of a controversy is proposed and the ministry of the judge is requested.

Question 21

Formulation of the Doubt (Joinder)

Answer 21

The decree by which the Judicial Vicar defines the question to be explored.

Question 22

Decree of Instruction

Answer 22

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.

Question 23

Moral Certitude

Answer 23

The elimination of positive, prudent doubts.

Question 24

Judicial Confession

Answer 24

A declaration, in the presence, and at the questioning, of a competent judge, against the validity of one’s own marriage.

Question 25

Decree of conclusion

Answer 25

The decree declaring the end of the Instruction Stage (not the definitive sentence).

Question 26

Suspension

Answer 26

When a trial has not been concluded but a party dies, it is halted until an heir comes forward.

Question 27

Abatement

Answer 27

When a trial ceases due to a lack of action for 6 months by the parties.

Question 28

Renunciation

Answer 28

When a trial ceases due to a petitioner’s voluntary withdrawal.

Question 29

Restitutio in Integrum

Answer 29

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].