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Canon Law > Canon Law Exam 1.1 > Flashcards

Canon Law Exam 1.1 Flashcards

1
Q

General Norms: The Code only covers the

A

LATIN Church

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2
Q

General Norms: The Code only covers the

A

LATIN Church

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3
Q

Gen. Norm: The Code is not ____ law

A

LITURGICAL

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4
Q

The Code does what with relations between the See and nations etc…

A

the Code does not alter or supplant relations between the Apostolic See and other nations, states or political societies

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5
Q

a formal agreement in which a country grants certain rights and privileges to the church

A

Concordat

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6
Q

Most important Concordat

A

between Vatican/City of Rome and Italy

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7
Q

acquired rights and privileges granted by the Apostolic See remain effective

A

unless contrary to this Code (c. 4)

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8
Q

all customs contrary to this Code or not exempted by this Code and which are not immemorial are

A

abrogated (c. 5)

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9
Q

all previous law (including the CIC 1917) are ______ by the new Code, unless specifically exempted by CIC 1983 (c. 6)

A

abrogated

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10
Q

custom that has been in effect for 100 years.

A

Immemorial Custom

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11
Q

3 points about Law from Thomas Aquinas

A
  1. Law is a NORM inspired by reason to create order
  2. From the one in charge of the community
  3. For the common Good
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12
Q

For Law to be known it must be ___

A

promulgated

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13
Q

Promulgation requires:

A

Published in a way to be made know,

includes an date effective

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14
Q

for the universal Church, laws come into existence through publication in the

A

Acta Apostolicae Sedis (AAS), or another means identified in the law itself (c. 8) (AAS or Acta)

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15
Q

What it the typical time frame for effective date

A

3 months after publication

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16
Q

for the local church, laws are published and promulgated through

A

other means such as the diocesan newspaper

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17
Q

laws deal with the

A

future [no ex post facto laws] (c. 9)

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18
Q

when a law declares an act to be null or invalid or a person to be incapable, the law must

A

expressly state this as the intended effect (c. 10)

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19
Q

null or invalid refers to an

A

ACT

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20
Q

Null or Invalid means

A

the act did not have its intended or desired juridic effect as if the action never occurred

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21
Q

capacity refers to a quality of the

A

PERSON

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22
Q

lack of capacity renders an act

A

null because capacity is itself a condition for validity

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23
Q

lack of capacity renders an act

A

null because capacity is itself a condition for validity

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24
Q

Gen. Norm: The Code is not ____ law

A

LITURGICAL

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25
The Code does what with relations between the See and nations etc...
the Code does not alter or supplant relations between the Apostolic See and other nations, states or political societies
26
a formal agreement in which a country grants certain rights and privileges to the church
Concordat
27
Most important Concordat
between Vatican/City of Rome and Italy
28
acquired rights and privileges granted by the Apostolic See remain effective
unless contrary to this Code (c. 4)
29
all customs contrary to this Code or not exempted by this Code and which are not immemorial are
abrogated (c. 5)
30
all previous law (including the CIC 1917) are ______ by the new Code, unless specifically exempted by CIC 1983 (c. 6)
abrogated
31
custom that has been in effect for 100 years.
Immemorial Custom
32
3 points about Law from Thomas Aquinas
1. Law is a NORM inspired by reason to create order 2. From the one in charge of the community 3. For the common Good
33
For Law to be known it must be ___
promulgated
34
Promulgation requires:
Published in a way to be made know, | includes an date effective
35
for the universal Church, laws come into existence through publication in the
Acta Apostolicae Sedis (AAS), or another means identified in the law itself (c. 8) (AAS or Acta)
36
What it the typical time frame for effective date
3 months after publication
37
for the local church, laws are published and promulgated through
other means such as the diocesan newspaper
38
laws deal with the
future [no ex post facto laws] (c. 9)
39
when a law declares an act to be null or invalid or a person to be incapable, the law must
expressly state this as the intended effect (c. 10)
40
null or invalid refers to an
ACT
41
Null or Invalid means
the act did not have its intended or desired juridic effect as if the action never occurred
42
capacity refers to a quality of the
PERSON
43
Capacity means
capacity means that the person has the juridic means to perform the act
44
lack of capacity renders an act
null because capacity is itself a condition for validity
45
laws are to be strictly interpreted which
1. establish a penalty 2. restrict a free exercise of rights 3. contain an exception to the law
46
Merely Ecc. Law binds
only BAPTIZED and of the AGE OF REASON
47
Example of Merely Ecc. Law
Prior to ordination must complete seminary formation
48
What is the Age of Reason, unless stated otherwise
7
49
Universal law binds
every person wherever they are [members of the church]
50
Particular Law is made for a
territory and binds those for whom it was made. Those who have a domicile or quasi domicile.
51
Quasi Domicile is
somewhere you live for 6 months out of the year
52
Travelers and Transients are bound by Universal Law and __
Particular Law of the place that they are. "where you are determines the particular law to which you are bound"
53
"Presumed” or a presumption of law is
a probable conjecture about an uncertain matter (c. 1584)
54
presumption is always subject to
contrary proof
55
Proper Law is usually ___; but it may also be ___
Personal but it may be territorial
56
Example of Proper Law. | Example of Proper Territorial Law.
Proper Law: Law for Clergy (all clergy universal) | Proper/Terr.: Law for Clergy in Covington
57
when there is doubt regarding the meaning of a law, what happens?
the law does not bind
58
when there is a doubt regarding some fact, the responsible authority (usually the ordinary) may
dispense from the law
59
Ignorance is the
absence of data;
60
even when ignorance exists, the laws still have
their effect even invalidating and incapacitating laws
61
law is authentically interpreted by
the legislator and by one granted this power
62
an authentic interpretation which is itself law has
the same force of law and must be promulgated
63
if it merely explains what is certain in the words of the law, it is _____; if it extends or restricts the law, it is _____.
if it merely explains what is certain in the words of the law, it is RETROACTIVE; if it extends or restricts the law, it is NOT RETROACTIVE.
64
interpretation in a judicial decision or an administrative act in a particular matter ______ have the force of law.
does NOT
65
Interpretation in a judicial decision or administrative act only binds
binds only the persons and affects only the matters of that particular case
66
The Church____ acknowledge precedence in judicial decisions as does American civil jurisprudence
DOES NOT
67
laws are to be strictly interpreted which
establish a penalty restrict a free exercise of rights contain an exception to the law
68
Canon Law will use civil law when
when not contrary to divine law or provided for in other ways in canon law with the same effect
69
canon law recognizes the effect of civil law, - examples
adoption, civil effect of marriage, property law

Canon Law (7 decks)

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