Error

Question 1

What is Ignorance of the Law?

Answer 1

Lack of knowledge about the law.

Question 2

Define error

Answer 2

false judgement

Question 3

Distinguish error of law and error of fact

Answer 3

error of law: some type of essential understanding of marraige, formal object
error of fact: error about the person, material fact.

Question 4

Does error iuris stand as a ground for the nullity of marriage

Answer 4

basically no it can’t be a ground by itself.

there is also an issue as it doesn’t involve the will.

Question 5

What is key about canon 1099 and the mind and the will

Answer 5

Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will.

Basically it needs to move the will for it to invalidate.

Question 6

What is key for error in law

Answer 6

Must always be positively applied to one’s own specific marriage.

Question 7

Proof of determining error

Answer 7

Existence of error
positive act of the will determine an erroneous object of consent
motivation to apply erroneous concept to one’s own marriage
circumstances

Question 8

what is required for error determining the will (c. 1099)

Answer 8

must be a positive act of the will.

Question 9

What is key to 1097 paragraph 1, or error of the person

Answer 9

the person must be entirely different than who you are directing your will to.

for example Jacob with Rachel,

Twins.

Question 10

What is the error of quality? simply put.

Answer 10

Basically an error of the quality of the person, but not he/she wasn’t the person I thought they would be. Must be an error of the material object.

Question 11

What is key about error of quality and the will?

Answer 11

Basically the error has to determine the will.

Question 12

what is meant by positive quality

Answer 12

the person has a certain quality, not necessarily morally good or bad.

Question 13

What is a negative quality?

Answer 13

that a person does not have something.

Question 14

What JPII comment is key to understanding error in quality.

Answer 14

Error about a quality of the person’ can only vitiate consent when a quality that is neither frivolous or trivial ‘is directly and principally intended’ (cf. c. 1097 §2), that is, as Rotal jurisprudence has effectively declared, ‘when the quality is intended before the person’”

Question 15

Explain Objective vs Subjective Value

Answer 15

Objective value is basically it is something not frivolous or trivial, something important

Subjective value is how important it is to the person.

Question 16

what is an interpretive will?

Answer 16

Basically If I knew than what I know now. This doesn’t invalidate marriage.

Question 17

How to prove error of Quality by means?

Answer 17

Confession of the erring party

Confirmation of facts and circumstances by trustworthy witnesses from a non-suspect time.

Circumstances supporting connection between the quality and the marriage.

Question 18

What is the criterion of reaction in error of quality?

Answer 18

How the person responds when they find out the person has or doesn’t have the quality.

Question 19

Is Dolus retroactive?

Answer 19

No

see the quote on the notes.

Question 20

Deceit can be done by ____ or ____.

Answer 20

Lie or omission .

Question 21

Deceit can be done by ____ or ____.

Answer 21

Lie or omission .

Question 22

What is a common example of dolus

Answer 22

sterility
bearing the child of another man, but she says it is his.
miscarriage not revealed
others.

Question 23

what is the Criterion of Reaction?

Answer 23

This appears in many grounds, but how does the person responds to learning about some quality, deceit, lack of a quality etc.

Question 24

What must the motivation be for dolus

Answer 24

To obtain marital consent

Question 25

what is(are) (a) direct proof(s) of dolus

Answer 25

confession of deciever
confession of decieved

Question 26

what is(are) (an) indirect proof(s) of dolus

Answer 26

motives
circumstances