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Canon Law > Books I & II Definitions > Flashcards

Books I & II Definitions Flashcards

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1
Q

Norm

A

In the generic sense, a rule (written or unwritten) which seeks to determine the law for a collection of similar situations, relations or cases

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2
Q

Juridical Act

A

What defines what is just in a concrete case

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3
Q

Rationality

A

The principal note of the norm, because what is irrational is unjust

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4
Q

Competent Authority

A

Someone who has sufficient power to bind those to whom a norm is given

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5
Q

Common Good

A

That specific end for the sake of which members of a society are gathered together

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6
Q

Promulgation

A

that way in which a norm is officially made known to its recipients

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7
Q

Law

A

the general written norm, promulgated by someone who has legislative power

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8
Q

General Law

A

A law directed to all members of a community

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9
Q

Particular (Special) law

A

a law addressed only to a group within the community

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10
Q

Subject of Law

A

the recipient of law who is bound thereby

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11
Q

Territorial Law

A

law given for residents of a particular territory

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12
Q

Personal Law

A

Law that concerns certain persons by reason of their personal condition

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13
Q

Invalidating Law

A

a law that establishes the nullity of a given act

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14
Q

Incapacitating Law

A

a law that establishes the incapacity or ineligibility of someone for something

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15
Q

Vacatio Legis

A

The time from the moment of the publication of the law until it comes into effect

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16
Q

Retoractivity

A

Refers to the effects already caused (acquired rights) that in principle are not cancelled by a subsequent law

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17
Q

General Legislative Decree

A

A general norms promulgated by one who has legislative power. (These are really laws.)

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18
Q

Custom

A

a general norms established by usage in a community

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19
Q

Custom With the Force of Law

A

reasonable, observed in a stable way by a community as norm, approved by the legislator, observed for a required length of time

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20
Q

Secundum Legem

A

according to the law. “Custom is the best interpreter of the law.”

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21
Q

Praeter Legem

A

outside the law. When a custom extends the law to cases or subjects not established therein, completing the legal order

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22
Q

Contra Legem

A

Against the law. What establishes something in contrast with what is determined by a law, and thus tends to substitute it (disuse)

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23
Q

Administrative Norm

A

General norms pronounced by administrative bodies with executive power, in order to specify and enforce the provisions of laws

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24
Q

General Executory Decrees

A

those which define more precisely the manner o applying a law, or which urge the observance of laws

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25
Q

Autonomous decrees

A

not tied to laws, such as those issued by dicasteries of the Roman Curia on matters of their competence

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26
Q

Instructions

A

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

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27
Q

Statutes

A

norms which regulate the internal life of collective entities that define their purpose, constitution, government and methods of operation

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28
Q

Rules of Order

A

norms which regulate conferences or gatherings of people and which determine the order to be followed

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29
Q

Singular Administrative Acts

A

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

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30
Q

Juridic Act

A

A source of law in concrete cases

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31
Q

Singular Decree

A

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

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32
Q

Singular Precept

A

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

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33
Q

Penal Precept

A

A precept in which the authority threatens with a penalty those who disobey precept

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34
Q

Rescript

A

A singular written act by means of which the competent administrative authority concedes a favor in response to someone’s request

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35
Q

Privilege

A

a favor conceded to a particular subject by the legislator by virtue of his power to legislate; in principle, these are perpetual

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36
Q

Personal Privilege

A

granted to a person (physical or juridic)

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37
Q

Real Privilege

A

granted to a place

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38
Q

Dispensation

A

the relaxation of a merely ecclesiastical law in a particular case

39
Q

Private Juridical Act

A

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

40
Q

Juridical Act

A

a declaration of will intended to produce certain juridical effects

41
Q

Constitutive Elements

A

These are essential elements necessary for validity, distinct from legal requirements

42
Q

Subjects of Law

A

All beings capable of having rights and therefore having juridic relations

43
Q

Physical Person

A

a human being

44
Q

Faithful

A

Those incorporated into the Church by means of Baptism, having rights and duties proper to Christians

45
Q

Rite

A

this determines membership in a particular church

46
Q

Domicile

A

determines the community or ecclesiastical circumscription to which one belongs, and thus also one’s ordinary and pastor

47
Q

Juridic Person

A

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

48
Q

Universitas Personarum

A

a subject of rights and duties composed of persons

49
Q

Universitas Rerum

A

a subject of rights and duties composed of things

50
Q

Collegial

A

When members participate in the most important decisions

51
Q

Autonomous Foundation

A

Universitas rerum independent of universitas personarum

52
Q

Non-Autonomous Foundation

A

Universitas rerum tied to universitas personarum

53
Q

Ordinary Power

A

power that involves proper right due to an office and not derived from another authority

54
Q

Ordinary Vicarious Power

A

power that comes from an office that is not proper (dicasteries, VG, etc)

55
Q

Delegated Power

A

power granted to a person himself and not by reason of his office

56
Q

Clerical Association

A

those which are recognized as such by the authority, are directed by clerics, and have the goal of fostering the exercise of holy orders

57
Q

Law Associations

A

Those which intend to form and support the laity in their own proper mission to animate temporal realities with the Christian spirit

58
Q

Third Orders

A

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

59
Q

Public Association

A

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

60
Q

Private Associations

A

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

61
Q

Common Error of Law

A

people are in error concerning a law which leads them to believe that a power exists which does not.

62
Q

Common Error of Fact

A

people are in error concerning a fact which leads them to believe that a power exists which does not.

63
Q

Ignorance

A

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.

64
Q

Error

A

is false judgment, that is based on a false, subjective certainty.

65
Q

Doubt

A

is always objective, positive and probable and its reasons can be identified positively or negatively. It is never ignorance

66
Q

Doubt of Law

A

occurs when it is impossible to achieve moral certainty concerning a law’s meaning, applicability in a particular case, or force.

67
Q

Doubt of Fact

A

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.

68
Q

Declarative Interpretation

A

merely affirms the meaning of the wording of the law that was already certain

69
Q

Restrictive Interpretation

A

narrows the meaning and applicability of the law

70
Q

Extensive Interpretation

A

broadens the meaning and applicability of the law beyond what is included in the text of the law

71
Q

Explanatory Interpretation

A

explains the meaning of a doubtful law, without extending or restricting its original meaning

72
Q

Lacuna Legis

A

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.

73
Q

St. Thomas Law

A

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.)

74
Q

Explicit Revocation

A

occurs when later law expressly states that it revokes earlier law, either explicitly or implicitly

75
Q

Tacit Revocation

A

makes no mention of the fact that earlier law is being revoked

76
Q

Ecclesiastical Office

A

Any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose.

77
Q

Postulation

A

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.

78
Q

Teller

A

[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

79
Q

Prescription

A

is a means of acquiring or losing rights, or of freeing oneself from obligations, by the passage of time under conditions provided by law.

80
Q

Continuous Time

A

is understood as that which undergoes no interruption

81
Q

Useful Time

A

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.

82
Q

Day

A

a period of 24 continuous hours beginning at midnight.

83
Q

Good Faith

A

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.

84
Q

Full Care of Souls

A

“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.

85
Q

Non Sui Compos

A

Whoever habitually lacks the use of reason is considered not responsible for oneself and is equated with infants.

86
Q

Consanguinity

A

is the sharing of blood lines. It is computed through lines and degrees.

87
Q

Affinity

A

is the relationship with in-laws, in any canonically valid marriage (i.e., even natural alone or unconsummated). Affinity is perpetual.

88
Q

Forma Gratiosa

A

This is direct and immediate on the part of the authority.

89
Q

Forma Commissoria

A

This is given in a mediated way via an executor.

90
Q

Si

A

if

91
Q

Nisi

A

unless

92
Q

dummodo

A

provided that

93
Q

Justice

A

unicuique suum tribuere

Canon Law (34 decks)

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