Books I & II Definitions Flashcards
Norm
In the generic sense, a rule (written or unwritten) which seeks to determine the law for a collection of similar situations, relations or cases
Juridical Act
What defines what is just in a concrete case
Rationality
The principal note of the norm, because what is irrational is unjust
Competent Authority
Someone who has sufficient power to bind those to whom a norm is given
Common Good
That specific end for the sake of which members of a society are gathered together
Promulgation
that way in which a norm is officially made known to its recipients
Law
the general written norm, promulgated by someone who has legislative power
General Law
A law directed to all members of a community
Particular (Special) law
a law addressed only to a group within the community
Subject of Law
the recipient of law who is bound thereby
Territorial Law
law given for residents of a particular territory
Personal Law
Law that concerns certain persons by reason of their personal condition
Invalidating Law
a law that establishes the nullity of a given act
Incapacitating Law
a law that establishes the incapacity or ineligibility of someone for something
Vacatio Legis
The time from the moment of the publication of the law until it comes into effect
Retoractivity
Refers to the effects already caused (acquired rights) that in principle are not cancelled by a subsequent law
General Legislative Decree
A general norms promulgated by one who has legislative power. (These are really laws.)
Custom
a general norms established by usage in a community
Custom With the Force of Law
reasonable, observed in a stable way by a community as norm, approved by the legislator, observed for a required length of time
Secundum Legem
according to the law. “Custom is the best interpreter of the law.”
Praeter Legem
outside the law. When a custom extends the law to cases or subjects not established therein, completing the legal order
Contra Legem
Against the law. What establishes something in contrast with what is determined by a law, and thus tends to substitute it (disuse)
Administrative Norm
General norms pronounced by administrative bodies with executive power, in order to specify and enforce the provisions of laws
General Executory Decrees
those which define more precisely the manner o applying a law, or which urge the observance of laws
Autonomous decrees
not tied to laws, such as those issued by dicasteries of the Roman Curia on matters of their competence
Instructions
These explain the provisions of laws and develop and determine the ways in which the law must be implemented, directed to those whose duty is to execute the law or see that it is executed; they do not need promulgation
Statutes
norms which regulate the internal life of collective entities that define their purpose, constitution, government and methods of operation
Rules of Order
norms which regulate conferences or gatherings of people and which determine the order to be followed
Singular Administrative Acts
Those juridical acts destined to a concrete subject by the executive authority that cannot contradict the law and only apply to the case or cases in question
Juridic Act
A source of law in concrete cases
Singular Decree
An act given by the competent authority to provide or decide a particular case according to the norms of law and without the need for a petition to made by someone
Singular Precept
a decree which has an imperative character in that it directly commands or prohibits a specific person or persons with regard to something established in the law
Penal Precept
A precept in which the authority threatens with a penalty those who disobey precept
Rescript
A singular written act by means of which the competent administrative authority concedes a favor in response to someone’s request
Privilege
a favor conceded to a particular subject by the legislator by virtue of his power to legislate; in principle, these are perpetual
Personal Privilege
granted to a person (physical or juridic)
Real Privilege
granted to a place
Dispensation
the relaxation of a merely ecclesiastical law in a particular case
Private Juridical Act
acts that members of the faithful (individuals or groups) perform in the use of their private autonomy, with the purpose of establishing and organizing their relationships with others
Juridical Act
a declaration of will intended to produce certain juridical effects
Constitutive Elements
These are essential elements necessary for validity, distinct from legal requirements
Subjects of Law
All beings capable of having rights and therefore having juridic relations
Physical Person
a human being
Faithful
Those incorporated into the Church by means of Baptism, having rights and duties proper to Christians
Rite
this determines membership in a particular church
Domicile
determines the community or ecclesiastical circumscription to which one belongs, and thus also one’s ordinary and pastor
Juridic Person
corporate bodies of a social nature which have a life independent of that of the individuals who belong to them in a given moment. They are juridical subjects and act by means of their representatives. They are called juridic persons when their juridic subjectivity is recognized in some way by law
Universitas Personarum
a subject of rights and duties composed of persons
Universitas Rerum
a subject of rights and duties composed of things
Collegial
When members participate in the most important decisions
Autonomous Foundation
Universitas rerum independent of universitas personarum
Non-Autonomous Foundation
Universitas rerum tied to universitas personarum
Ordinary Power
power that involves proper right due to an office and not derived from another authority
Ordinary Vicarious Power
power that comes from an office that is not proper (dicasteries, VG, etc)
Delegated Power
power granted to a person himself and not by reason of his office
Clerical Association
those which are recognized as such by the authority, are directed by clerics, and have the goal of fostering the exercise of holy orders
Law Associations
Those which intend to form and support the laity in their own proper mission to animate temporal realities with the Christian spirit
Third Orders
associations promoted and directed by a religious institute with the goal of having the laity participate in the charism proper to the institute, adapting it to their secular circumstances
Public Association
Those erected by the ecclesiastical authority to act in the name of the Church for the purpose of achieving the ends assigned to them by the authority itself
Private Associations
those which are constituted by private accord among members of the faithful to promote activities and works which enter into their vocation and ecclesial mission
Common Error of Law
people are in error concerning a law which leads them to believe that a power exists which does not.
Common Error of Fact
people are in error concerning a fact which leads them to believe that a power exists which does not.
Ignorance
is habitually lacking knowledge of something that ought to be known, i.e., the habitual lack of due knowledge. Normally, ignorance and error due not affect the law.
Error
is false judgment, that is based on a false, subjective certainty.
Doubt
is always objective, positive and probable and its reasons can be identified positively or negatively. It is never ignorance
Doubt of Law
occurs when it is impossible to achieve moral certainty concerning a law’s meaning, applicability in a particular case, or force.
Doubt of Fact
refers to a doubt about some concrete fact that pertains to the law’s applicability, such as doubts concerning age, relationship, valid baptism, validity of other sacraments or juridic acts, etc.
Declarative Interpretation
merely affirms the meaning of the wording of the law that was already certain
Restrictive Interpretation
narrows the meaning and applicability of the law
Extensive Interpretation
broadens the meaning and applicability of the law beyond what is included in the text of the law
Explanatory Interpretation
explains the meaning of a doubtful law, without extending or restricting its original meaning
Lacuna Legis
a hole in the law that occurs when an express provision or universal or particular law or a custom is lacking to provide a solution for a concrete case.
St. Thomas Law
an ordinance of reason for the common good, made by him who has care of the community, and promulgated. (rationis ordinatio ad bonum commune, ab eo qui curam communitatis habet, promulgata.)
Explicit Revocation
occurs when later law expressly states that it revokes earlier law, either explicitly or implicitly
Tacit Revocation
makes no mention of the fact that earlier law is being revoked
Ecclesiastical Office
Any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose.
Postulation
Postulation is a vote by an electoral body for a candidate who is known to be canonically impeded from office. It is carried out in the same manner as an election, with a few differences given at cc. 180ff.
Teller
[173.1] There are at least two at the voting, designated from members of the college or the group
[173.2] The collect the votes, examine in the presence of the election presider if the number of ballots matches the number of electors, count the votes, announce openly the number of votes each person receives.
[173.4] They are to sign the transcribed acts of the election before the acts are archived in the archive of the college
Prescription
is a means of acquiring or losing rights, or of freeing oneself from obligations, by the passage of time under conditions provided by law.
Continuous Time
is understood as that which undergoes no interruption
Useful Time
is that which a person has to exercise or to pursue a right, so that it does not run for a person who is unaware or unable to act.
Day
a period of 24 continuous hours beginning at midnight.
Good Faith
a judgment (even if erroneous) that one possesses property, or exercises a right, or withholds payment if a debt or fulfillment of other obligation justly, that is, without violating any right of another. One who acts in good conscience acts in good faith.
Full Care of Souls
“Care of souls” refers to the pastoral munera of teaching, governing and sanctifying. “Care” is the official activity whereby authorized persons provide ministry to people with a view to their salvation. It is can be “full” or “partial.” The former encompasses the full pastoral work of the Church at the appropriate level, carried out by diocesan bishops for dioceses, pastors for parishes, and some chaplains of certain groups.
Non Sui Compos
Whoever habitually lacks the use of reason is considered not responsible for oneself and is equated with infants.
Consanguinity
is the sharing of blood lines. It is computed through lines and degrees.
Affinity
is the relationship with in-laws, in any canonically valid marriage (i.e., even natural alone or unconsummated). Affinity is perpetual.
Forma Gratiosa
This is direct and immediate on the part of the authority.
Forma Commissoria
This is given in a mediated way via an executor.
Si
if
Nisi
unless
dummodo
provided that
Justice
unicuique suum tribuere
