Canon Law Terms_1

Question 1

The normal acquisition, expenditure, and use of the temporal goods of the Church to discharge it responsibilities in the public sphere (paying bills, negotiating contracts, etc) in support of its mission.

Answer 1

Administration (of Temporal Goods)

Question 2

See: Extraordinary administration.

Answer 2

Administration, extraordinary (of Temporal Goods)

Question 3

The loss or placing in jeopardy items of historic patrimony, items of artistic value, or monies in excess of the amount determined by the Holy See to require the permission of the Holy See.

Answer 3

Alienation

Question 4

A bishop provided to a diocesan bishop, usually at the diocesan bishop’s request, to assist him with the pastoral care of the diocese.

Answer 4

Auxiliary Bishop

Question 5

A bishop assigned by Rome, often at the Holy Father’s initiative, to assist the diocesan bishop by exercising some of the powers usually reserved to the diocesan bishop; these “special faculties” are identified by the Holy Father and assigned to the auxiliary bishop, even if the diocesan bishop is not willing to transfer them. Cf. Auxiliary Bishop and Coadjutor Bishop.

Answer 5

Auxiliary Bishop with Special Faculties

Question 6

One who has been ordained to the order of the episcopacy. Possesses the fullness of apostolic succession and membership in the College of Bishops, as long as he maintains full hierarchical communion with the Holy Father and with the members of the College. He posses the fullness of teaching, sacramental and governance office.

Answer 6

Bishop

Question 7

The Holy Father. By the title of Bishop of Rome the duly elected Pope becomes the successor to Peter and acquires primacy over the universal Church.

Answer 7

Bishop of Rome

Question 8

See: provision, canonical.

Answer 8

Canonical Provision

Question 9

Capacity describes the quality(ies) of a person or the status of a person in the Church; it is often connected with validity (q.v.) because a person who lacks capacity may not be able to posit a juridic act (q.v.) because he or she lacks a quality necessary to perform or receive the action. Example: only a validly ordained priest may confect the eucharist; all others lack the capacity. Example: only a baptized male may be ordained to the priesthood; all others lack the capacity to receive the order.

Answer 9

Capacity

Question 10

A special category of auxiliary bishop who, in addition to other responsibilities assigned by law or by the diocesan bishop, has the right of full succession when the diocese becomes vacant.

Answer 10

Coadjutor Bishop

Question 11

Election occurs when a group has the acquired right to choose a candidate to fill a canonical office; this candidate may or may not require confirmation by another authority, and the elected candidate may also be subject to the free conferral of that authority.

Answer 11

Election (of a Candidate for Office)

Question 12

The loss or placing in jeopardy the temporal goods of a juridic person (i.e., a diocese) in any amount above the minimum and below the maximum limits set by the Holy See; extraordinary administration requires the consent or consultation of more groups before it can be allowed.

Answer 12

Extraordinary administration (of Temporal Goods)

Question 13

Free conferral describes the right of a ecclesiastical authority to fill an office under his juridic control, without any group or person asserting a right to name candidates for that office. (Acceptance of the office should also be fee.)

Answer 13

Free Conferral (of an Office)

Question 14

Law in the formal sense; must be promulgated. Requires legislative authority and no one below the Supreme Pontiff may delegate legislative authority.

Answer 14

General Decree

Question 15

An invalid act is one which did not have the juridic effect (q.v.) for which it was performed; invalidity is the quality of not being valid.

Answer 15

Invalid (adj.); invalidity (n.)

Question 16

A juridic act is one placed by legitimate ecclesiastical authority which changes the rights and obligations of a person or persons, or which changes the status or condition of a place or thing. The result of a juridic act posited according to the requirements of law is a juridic effect. Example: the act of a witness in the name of the Church asking for and receiving the manifestation of consent of both parties is a juridic act which results in a marriage.

Answer 16

Juridic act

Question 17

Juridic effect is the result of an action taken by legitimate ecclesiastical authority. It is a change (creation, removal or alteration) in the rights and obligations of a person or the character of a place or thing. Examples: marriage has the juridic effect of establishing rights and obligations between the husband and the wife and of both of them to children.

Answer 17

Juridic effect

Question 18

That law which is based upon divine revelation (contained in scripture) and part of the Tradition of the church who defines it to be of the deposit of faith or a similar term. Divine law is universal.

Answer 18

Law, Divine

Question 19

Merely ecclesiastical law is law may by the divinely instituted authority of the Church to govern the general welfare of the members of the Church, often to maintain order and discipline. It usually finds its roots in divine or natural law and it can never be contrary to either divine or natural law.

Answer 19

Law, Ecclesiastical

Question 20

Natural Law sees the work of God in the world of nature; through the use of divinely given reason, a person may understand and appreciate God revealing himself in nature and ordaining an order that governs nature.

Answer 20

Law, Natural

Question 21

Particular law is law that binds in a particular territory, usually a diocese or other particular church. It may also bind within the territory of a conference of bishops. Persons not in that territory are not bound by particular law.

Answer 21

Law, Particular

Question 22

Proper law is law that binds a person (physical or juridic) because he or she is a member of a particular group; usually proper law binds regardless of where a person is because it is not limited to a particular territory.

Answer 22

Law, Proper

Question 23

Universal law binds every person (physical or juridic) wherever he or she is located; it is usually under the authority of the universal church (the Supreme Legislator) alone to establish law that binds every member of the Church

Answer 23

Law, Universal

Question 24

The title given to an Archbishop who heads the primary see within a province or territory. His diocese is called an Archdiocese; the diocese within his province are called suffragan sees. He has the duty of vigilance over the suffragan sees and certain obligations when one of those sees is vacant or impeded. He does not have power of governance of the suffragan sees unless mandated by the Holy See.

Answer 24

Metopolitan (Archbishop)

Question 25

A null act is one which does not have its juridic effect (q.v.); it is as though the action never occured.

Answer 25

Null (adj.); nullity (n.)

Question 26

The unique stole-like garment wore by a Metropolitan Archbishop when presiding at liturgical functions within his church.

Answer 26

Pallium

Question 27

Postulation refers to the election (which see) of a candidate that lack one of the qualifications of an office or is impeded from exercising or receiving the office; the candidate may become qualified if the qualification changes or the impediment is dispensed.

Answer 27

Postulation (of a Candidate for Office)

Question 28

Presentation refers to the situation in which an individual or group has an acquired right to present a candidate for an ecclesiastical office under the control of an legitimate ecclesiastical authority; that authority may reject the candidate, but he must also await the presentation of another candidate by the same group or individual. The office must also be accepted freely.

Answer 28

Presentation (of a Candidate for Office)

Question 29

A probable conjecture about an uncertain fact; subject to contrary proof. Ex: A child who has passed seven years complete is presumed to have reached the age of reason. Contrary proof may be found in behavior or testing which indicates that although seven years old, the child does not have the age-appropriate use of reason.

Answer 29

Presumption (in law)

Question 30

The loss of an ecclesiastical office as a penalty, usually for a canonical crime; this may occur as part of an excommunication or, in the case of a cleric, suspension. It may also occur as a specified penalty imposed by an ecclesiastical authority as an expiatory penalty.

Answer 30

Privation

Question 31

The formal process by which a law is established. It usually includes who is bound by the law, when the law goes into effect and, occasionally, penalties for disobeying the law.

Answer 31

Promulgation

Question 32

The filling of an office by the legitimate ecclesiastical authority who has jurisdiction over the office. This may be done through free conferral (q.v.), election (q.v.), postulation (q.v.).

Answer 32

Provision, canonical

Question 33

The Conference of Bishops may issue legislation (1) when the universal law provides or requires the Conference to do so [the amount of support to be provided a retired diocesan bishop, for example], (2) when mandated by the Holy See, or (3) when given permission in response to a petition from the Conference [the Charter for the protection of children . . ..]. When the Conference has approved the legislation, it must be submitted to the Holy See for approval. This formal approval is called “recogntio.”

Answer 33

Recognitio

Question 34

A “rite” or “ritual church” is a Church within the large body of the Catholic church that is not Latin or Roman, but does recognize the primacy of the Holy Father, and shares the sacramental and doctrinal communion with the Catholic Church. They are known in law as autonomous sui juris ecclesiastical communions (or communities). They usually parallel traditions within the Orthodox Christian Churches and trace their origins to the same ancient sees. [They should not be confused with a ‘rite,’ referring to liturgical practice of action.]

Answer 34

Rite or Ritual Church

Question 35

A valid act is one which has the juridic effect (q.v.) which was desired; validity is the quality of being valid.

Answer 35

Valid (adj.); validity (n)