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Classics 2301 > Final > Flashcards

Final Flashcards

1
Q

Pre- Classical period

A

Up to first century BCE

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2
Q

Classical Period

A

1st Century BCE- 3rd Century CE

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3
Q

Post - Classical Period

A

4th Century CE

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4
Q

Early Republic

A

Ends in 3rd Century BCE

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5
Q

Late Republic

A

3rd Century BCE- 31 BCE

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6
Q

When was the foundation of Rome

A

753 BCE

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7
Q

First king of Rome

A

Romulus

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8
Q

Second King of Rome

A

Numa Pompilius

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9
Q

Who is credited for the creation of many Roman laws

A

Numa Pompilius

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10
Q

Who founded a system of patrons and clients

A

Romulus

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11
Q

System of Patrons and Clients

A

Each plebeian required to find a patrician patron

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12
Q

Who did you first take your problem to in Rome?

A

Patron

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13
Q

How did patrons help their clients?

A

Either by violence or by helping them with their court case

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14
Q

Who legislated largely on family and religious matters?

A

Kings

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15
Q

Who controlled written laws in the regal period

A

Priests

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16
Q

When were the last kings overthrown?

A

509 BCE

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17
Q

Chief Magistrates

A

Two annually elected praetors instituted after overthrowing the kings

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18
Q

Colleagial

A

There were two magistrates so nobody had sole power and everybody had a colleague

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19
Q

What two powers did the chief magistrates hold

A

Imperium

Intercessio

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20
Q

Imperium

A

Praetors held power to command

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21
Q

Intercessio

A

Power of pratetor to intercede or stop action of other praetor

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22
Q

When did plebs leave Roman government

A

5th century BCE

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23
Q

Struggle of the orders

A

Between aristocratic patricians and poorer plebeians

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24
Q

How did Romans get the plebs back

A

Allowed plebeian assembly to pass binding laws and gave tribunes the power of intercessio

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25
Q

Plebeian Tribunes

A

Two annually elected leaders with the power of intercessio

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26
Q

When were the Twelve Tables written

A

450 BCE

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27
Q

What superceded the Twelve Tables

A

Justinian’s Codification from 528- 534 CE

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28
Q

Twelve Tables

A

Written Plebeian and patrician laws made public

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29
Q

Provacatio

A

Twelve tables said citizens could appeal magistrates summary judgment to assembly of the people

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30
Q

When was the third praetorship created

A

367 BCE

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31
Q

Consuls

A

Original two praetors are named consuls after thir praetor is added

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32
Q

What magistrates had the power of imperium

A

Praetors and consuls

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33
Q

Maius Imperium

A

Consuls had greater power than praetors and only Tribunes could halt them

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34
Q

What is the praetor responsible for

A

Justice system and appointing judges

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35
Q

When was a second praetor added after the consuls?

A

242 BCE

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36
Q

Praetor Urbanus

A

Cases involving citizens

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37
Q

Praetor Peregrinus

A

Cases involving foreigners

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38
Q

When was the cursus honourum established

A

After the second Punic War

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39
Q

Cursus Honorum

A

Race of honors– Hierarchy office system

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40
Q

Militiae

A

Magistrates had unlimited authority when outside of rome

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41
Q

Domi

A

In Rome the power of magistrates was limited to provocatio and intercesio

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42
Q

Order of cursus honorum

A

20 Quaestors
4 Aediles
8 Praetors
2 Consuls

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43
Q

Probogation

A

After a year of service, praetors and consuls would take over duties in the military field

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44
Q

Quaestors

A

Financial Officials

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45
Q

Aediles

A

Archives and public works

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46
Q

Dictator

A

In times of emergency is elected to have sole control. Not subject to intercessio

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47
Q

Censor

A

2 elected periodically to conduct census and determine citizens property class

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48
Q

Edict

A

Praetors outlined how they planned to carry out duties before they got into office

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49
Q

Ius honorarium

A

Distinguish law based on praetors edict from formal legislation

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50
Q

When did praetor’s edicts become static

A

2nd century CE

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51
Q

Pontifices

A

Priests. Were the first lawyers in Rome

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52
Q

When was law no longer for just pontifices?

A

4th century BCE

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53
Q

3 jobs of lawyers

A

Ad respondendum
Ad cavendum
Ad agendum

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54
Q

Ad respondendum

A

Giving legal advice

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55
Q

Ad cavendum

A

Drafting documents

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56
Q

Ad agendum

A

Preparing cases for court

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57
Q

Ius respondendi

A

Some jurists had right to authority as though the emporer had said it

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58
Q

Marcus Antistius Labeo

A

Jurist of first century. Taught law and wrote books

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59
Q

Proculian School

A

Founded by Marcus Antistius Labeo and named after the jurist Proculus

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60
Q

Masurius Sabinus

A

Jurist of the second century wrote Ius Civile

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61
Q

Sabinian School

A

Founded by Masurius Sabinus

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62
Q

Hadrian

A

Made opinions of jurists with ius respondendi binding

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63
Q

Garius

A

Important Roman teacher of the 2nd Century. Lecture notes Institutes were discovered in 1861

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64
Q

Amelius Papinianus

A

Jurist 194- 212

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65
Q

Domitius Ulpianus

A

Jurist 202- 223

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66
Q

Iulius Paulus

A

Jurist 3rd Century

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67
Q

Herennius Modestinus

A

Jurist 3rd Century

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68
Q

Who reformed Roman law

A

Emperor Theodisius II

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69
Q

When did Theodisius II live and reign

A

Born 401

Reigned 408- 450

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70
Q

Who formalized law school and appointed two officila law professors

A

Theodisius II

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71
Q

Law of Citations

A

Brought on during law reform. Opinions of important jurists were binding on magistrates

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72
Q

Codex Theodosianus

A

Officla law code made by Theodosius II in 439

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73
Q

Corpus Luris Civilis

A

More complete law code in 528. Justinian commisioned Tribonianus

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74
Q

4 parts of Corpus Luris Civilis

A

Codex Lustiniani
Novellae
Institutiones
Digest

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75
Q

Novellae

A

2nd part of Corpus Luris Civilis. Additions and adjustments to original codex

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76
Q

Institutiones

A

3rd part of corpus luris civili. 2nd edition of Garius’ Institutiones

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77
Q

Digest

A

Final part of corpus luris civili. 2000 fragments and quotations made by 39 jurists. Half from Ulpian and Paulus

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78
Q

SPQR

A

Senatus Populusque Romani (Senate and the people of Rome)

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79
Q

Senate

A

Advisory council of elders made of former magistrates

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80
Q

Senatus Consulta

A

Statements made by the senate that advised magistrates

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81
Q

3 voting assemblies

A

Comita Centuriata
Comita Tributa
Concilium Plebis

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82
Q

What is the most important assembly making the most important decisions

A

Comita Centuriata

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83
Q

Centuriate Assembly

A

For recruiting armies. Organized by wealth

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84
Q

How many centuries were there

A

193

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85
Q

What voting assembly elected praetors and censors and voted on war declarations

A

Centuriate

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86
Q

Contiones

A

Where debating and political discussion occured

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87
Q

What assembly systematically favored the wealthy?

A

Centuriate

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88
Q

Tribal Assembly

A

Organized by location of residence. Elect cruciate aediles, quaestors, vote on leges and judge trials

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89
Q

Leges

A

Laws

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90
Q

How many tribes were there

A

31 rural and 4 urban

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91
Q

Plebeian Assembly

A

Organized by tribe and made of only Plebs

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92
Q

What was the Plebeian assembly responsible for

A

Electing tribunes and Plebeian aediles, vote on plebiscites and judge trials

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93
Q

Who was forbidden to engage in trade and business

A

Senators

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94
Q

Equites

A

Men who favoured business over politics. Knights

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95
Q

Publicani

A

Equites bid on contracts with senate or magistrates to carry out public business- Tax collection

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96
Q

Responsibilities of pontifices

A

Sacrifices, festivals and early laws

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97
Q

Augurs

A

Priests in charge of auspices and augury and could delay or prohibit public business

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98
Q

Who read the omens to decide if events could occur

A

Augurs

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99
Q

When did Augustus make the settlement with the senate

A

27 BCE

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100
Q

When was the Republican government restored

A

27 BCE

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101
Q

What changes occured when government became a beurocracy

A

Assemblies didnt vote on laws and emperors appointed magistrates
Emperor drafted legislation and sent it to senate

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102
Q

5 Sources of law under republic

A 
Twelve Tables
Praetorian edicts
Leges
Plebiscita
Senatus Consulta
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103
Q

Sources of law in 5th Century CE

A

Writings of jurists

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104
Q

Legis Actiones

A

Actions of law. First civil procedure

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105
Q

Which legal procedure depended on specific wording

A

Legis actiones

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106
Q

Ius vocatio

A

Plaintiff brought defendant before praetor by formal summons

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107
Q

Iure Phase

A

Plaintiff specifically quoted a legal procedure and praetor interviewed litigants

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108
Q

Iudex

A

Judges

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109
Q

When were judges appointed

A

If praetor determined that plaintiffs law applied

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110
Q

Apud Iudicem Phase

A

Judge heard arguments and issued a decision

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111
Q

Serentia

A

Judges decision

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112
Q

Formulary procedure

A

Made by lex aebutia in 2nd century BCE. Same structure as legis actiones but more flexible

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113
Q

Iure phase of formulary procedure

A

Praetor used interview to write formula which defined case and issued instructions to the judge

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114
Q

3 components of formula

A

Iudicis Nominatio
Intentio
Condemnatio

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115
Q

Iudicis Nominatio

A

Name judge or 3-5 person panel of recuperatores

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116
Q

Intentio

A

Stated plaintiff claims

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117
Q

Condemnatio

A

Circumstances that defendant should be found liable or not

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118
Q

Actio Iudicati

A

Magistrate says plaintiff can use force if defendant is found liable and fails to pay

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119
Q

When could appeals be made during formulary procedure

A

Make an argument at the actio iudicati hearing

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120
Q

Cognito Extraordinaria

A

Extraordinary procedure began with Augustus. Made usual in 2nd Century CE

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121
Q

Extraordinary Procedure

A

Magistrate hears entire case- combines iure and iudicem phases

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122
Q

In what procedure is appeal usual

A

Extraordinary

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123
Q

From what did criminal procedures begin

A

Citizens had recourse to provocatio for magistrates with imperium

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124
Q

Early criminal procedure

A

Draw attention to magistrate with imperium about action that could harm Rome- they choose to investigate and punish

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125
Q

Who could not appeal magistrates actions

A

Women, children and slaves- State didnt want to interfere in family affairs

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126
Q

Paterfamilias

A

Head of family

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127
Q

Patria Potestas

A

Fatherly power

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128
Q

What crimes were magistrates mainly interested in

A

Crimes that involve or threaten state– usually senators and powerful men

129
Q

Quaestrio

A

Magistrate appointed a consilum of adisors and acted as prosecutor and judge

130
Q

Quaestio Perpetua

A

Permanent court

131
Q

When were permanent courts made

A

By lex calpurnia in 149 BCE

132
Q

Quaestio de Repetundiis

A

Hear cases of repetundae in provinces by governor

133
Q

Repetundae

A

Extortion

134
Q

Maiestas

A

Diminishing majesty of Roman people

135
Q

Veneficia et sicarii

A

Poisoning and murder/ assasination

136
Q

Ambitus

A

Electoral bribery

137
Q

Vis

A

Political violence

138
Q

When did dictator Sulla add more permanent courts

A

82

139
Q

Lex Cornelia de Sicariis

A

Criminalized carrying weapons with intent to kill or steal as well as making poisons in 81 BCE

140
Q

Nominis Delatio

A

Beginning of prosecution. Denunciation of the name attended by prosecutor and defendant

141
Q

Who wrote an incriptio during procedure

A

President of court

142
Q

Inscriptio

A

Prosecutor signed it and case could no longer be withdrawn without penalty

143
Q

How long after nominis delatio did the trial occur

A

10 days after

144
Q

Who spoke first in trial

A

prosecution

145
Q

Who composed the jury

A

Senators and equestrians

146
Q

How many jurors were in quaestio de repetundiis

A

75

147
Q

How many jurors were in quaestio de vi

A

51

148
Q

What did a jury tie mean

A

Aquittal

149
Q

Who made it possible to appeal to the emperor

A

Augustus

150
Q

Infamia

A

Disenfranchisement

151
Q

Interdictio aquae et igni

A

Prohibition of water and fire

152
Q

Relegatio

A

Exile without loss of citizenship

153
Q

Multa

A

Fine

154
Q

Damnatio in metalla

A

Condemnation to mines

155
Q

Damnatio in opus publicum

A

Community service

156
Q

Damnatio in ludos

A

Condemnation in schools (Gladiator)

157
Q

When did quaestiones perpetuae become obselete

A

3rd century CE

158
Q

Who heard most major political cases

A

Senate and emperor

159
Q

Praefectus Urbi

A

Prefect of the city had imperium while king/ consul was out of city

160
Q

Cohortes Urbanae

A

Urban cohorts. Division of military headed by prefect of the city

161
Q

Praefectus Praetorio

A

Praetorian prefect

162
Q

Vigiles

A

Night watch

163
Q

Honestiores

A

Honest men. Treated better and recieved less harsh punishment

164
Q

Humiliores

A

Humble people who were treated more harshly

165
Q

Quaestio perpetua de adulteriis

A

Made by Augustus. Criminalized adultery and made divorce after adultery mandatory

166
Q

Adultery

A

Having sex with a married woman

167
Q

Similarity of Delicts to civil law

A

Procedures and prosecuted by aggrieved parties

168
Q

Similarity of delicts to criminal law

A

Penalties were punitive

169
Q

4 kinds of delicts

A

Furtum
Rapina
Damnum iniuria datum
Iniuria

170
Q

Furtum

A

Theft

171
Q

Rapina

A

Robbery or theft by force

172
Q

Damnum iniuria datum

A

Property damage

173
Q

Iniuria

A

Personal injury

174
Q

Quasi- delicts

A

Small and oddly specific set of actions

175
Q

Ius publicum

A

Public law

176
Q

Ius privatum

A

Private law

177
Q

Who kept laws a secret

A

Pontiffs

178
Q

Gaius Terentilius Harsa

A

Tribune of plebs. Proposed commission of codified laws to bind consuls in 462 BCE

179
Q

Decemvirs

A

10 patricians elected to write new law code for Rome in 451 BCE

180
Q

What were the Twelve Tables written on

A

Bronze or wood

181
Q

What happened to the twelve tables

A

Burned when city was sacked by Gauls in 390 BCE

182
Q

Lex Talionis

A

Private vengance allowed in retaliation when wrong doer and victim cant agree on financial terms

183
Q

Stipulatio

A

Face to face contract making a promise

184
Q

When was the office of the praetor established

A

367 BCE

185
Q

When was the second praetor appointed

A

242

186
Q

Which praetor was more important

A

Urbanus

187
Q

Ius Honorarium

A

Laws resulting from praetors edicts

188
Q

Ius Gentium

A

Laws of peoples/ nations. Administered by peregrine for cases involving foreigners

189
Q

Who raised the praetor number to 8

A

Sulla in 81 BCE

190
Q

Exceptio

A

Exception- Protecting rights as a defense of action

191
Q

Restituti

A

Restitution- Return unjustly obtained money

192
Q

2 duties of praetors

A

Fashion edicts on an annual basis

Make formulae on daily basis

193
Q

When was the office of aediles established

A

367 BCE

194
Q

Edictum Perpetuum

A

Final version of edict considered as established law

195
Q

Lex Ogulina

A

Allowed plebs to serve as pontiffs- 300 BCE

196
Q

When was the first pleb elected as a pontiff

A

252 BCE

197
Q

Advocates

A

Conduct business of court cases and not allowed to accept payment

198
Q

Jurists

A

Legal scholars who performed duties without payment

199
Q

Ius Flavianum

A

Collection of formulae for law suits

200
Q

4 ways emperors affected law

A

Issue edicts
Take a case himself
Rescriptum
Mandata

201
Q

Decreta

A

Descision of the emperor

202
Q

Rescriptum

A

Emperor answering legal questions for officials and citizens

203
Q

Episulta

A

Letter

204
Q

Mandata

A

Orders to officials

205
Q

Glossa

A

Comments on ancient text

206
Q

Who founded the stoics

A

Zeno

207
Q

De republica

A

Written by cicero. True law is right reason that works in concert with nature

208
Q

Ciceros view on law

A

It is constant. Nature based unity that governs all people

209
Q

Marcus Tallius Cicero

A

Consul and Preconsul. Born 106 BCE. Assasinated in 43 BCE

210
Q

Where did litigants take civil cases

A

Urban Praetor

211
Q

Roman Constitution

A

Totality of customs, principles and legislation

212
Q

Leges

A

Statutes adopted by the populus Romanus

213
Q

Mos Maiorum

A

Customs of ancestors

214
Q

2 parts of statutes

A

Praescriptio

Sanctio

215
Q

Praescriptio

A

General comment concerning the wrong

216
Q

Sanctio

A

Negative consequences resulting from violation of praescriptio

217
Q

Lex imperfecta

A

Rule without sanction

218
Q

Lex perfecta

A

Sanctio invalidates act but praescriptio prohibits it

219
Q

Lex plus quam perfecta

A

Sanctio invalidates act but praescriptio prohibits it and other negative consequences

220
Q

Lex minus quam perfecta

A

Imposes negative consequences

221
Q

Comitia

A

Assembly enacted by statutes

222
Q

Who called the comitia centuriata

A

Consul

223
Q

Who called the comitia tributa

A

Patrician magistrate

224
Q

Who called the concilium plebis

A

Tribune

225
Q

Who selected senators and how many

A

Censors

300

226
Q

When did Sulla increase senator number to 600

A

81 BCE

227
Q

Auctoritas

A

Advice of senate. Respected by assembly

228
Q

Lex canuleia

A

445 BCE. Gave plebs the right to intermarriage with patriacians

229
Q

Who were the most important people in legis actiones

A

Judge and praetor

230
Q

Lex Iulia

A

17 BCE. Made formulary procedure mandatory

231
Q

Litis Contestatio

A

Parties appear before praetor to initiate a law suit

232
Q

Who could serve as a judge

A

Any adult male citizen

233
Q

Cognito

A

Extraordinary procedure

234
Q

What legal procedure combined iure and apud iudicem

A

Extraordinary

235
Q

Who were the earliest jurors

A

Senators

236
Q

Tribuni aeraii

A

Citizens with wealth just below equestrians

237
Q

Who could be a juror

A

Men aged 30- 60 who lived within the vicinty of Rome

238
Q

Calumnia

A

Criminal offense for accuser bringing false charges

239
Q

Praevaricatio

A

Hiding legitimate charges

240
Q

Tergiversatio

A

Abandon charges once case has formally begun

241
Q

Laudatores

A

Character witness

242
Q

How did jurors vote

A

Secretly with wax tablets

243
Q

Absolvio

A

Aquittal

244
Q

Condemno

A

Conviction

245
Q

Peculatus

A

Embezzlement

246
Q

What was the statute of limitations for adultery and embezzlement

A

5 years

247
Q

Flasum

A

Forgery. 20 year staute of limitations

248
Q

Dolus

A

Criminal intent. Required element of crime

249
Q

Mens rea

A

Guilty mind

250
Q

Who was considered uncapable of dolus

A

Children and insane people

251
Q

Who was insulated from dolus

A

Magistrates in office

252
Q

Actus Reus

A

Criminal act

253
Q

Socii

A

Accomplices

254
Q

Quaestiones paricidii

A

Magistrates determined if death was caused intentionally

255
Q

Lex pompeia

A

Criminalized parricide

256
Q

Honestiores

A

Army veterans recieved less harsh punishment

257
Q

What cases did the night watch deal with

A

Theft, mugging, arson and burglary

258
Q

Abigeatus

A

Rustling. Stealing animals

259
Q

Effactores

A

Thefts who broke into apartments

260
Q

Saccularii

A

Thieves who split pockets and purses

261
Q

Expilatores

A

Thieves who ransacked homes in the countryside

262
Q

Flagrante Delicto

A

Adultery

263
Q

Sciens dolo malo

A

Knowing and with malicious intent

264
Q

Ius occidendi

A

Right of killing

265
Q

Lenocinium

A

Any conduct that facillitated sexual crime

266
Q

Iniuria

A

Injury to one’s reputation, dignity, honour or bodily integrity

267
Q

Maiestas

A

Treason. Punished by death or exile

268
Q

Peculatus

A

Embezzlement of sacred, religious or public funds

269
Q

Stellionatus

A

Acting like a lizard. Related to fraud

270
Q

Plagium

A

Kidnapping

271
Q

Lex fabia

A

Criminalized sale of a person who doesnt belong to you

272
Q

2 ways of acquiring things

A

Succesion

Obligatio

273
Q

Obligatio

A

Relationship between creditor and debtor

274
Q

3 tasks debtor had to perform

A

Dare
Facere
Praestare

275
Q

Dare

A

To give

276
Q

Facere

A

To make or do

277
Q

Praestare

A

Give creditor what debtor produced

278
Q

Obligationes ex Contractu

A

Ariding from contract

279
Q

Obligationes ex Delicto

A

Arising from derelict

280
Q

Furtum Manifesto

A

Thief caught in the act was beaten, made a slave and required to pay quadruple the damages

281
Q

Lance et licio

A

Accuser of theft had to search for stolen property wearing only a plate tied around his waist

282
Q

Author of Cataline’s War

A

Gaius Sallustius Crispus

283
Q

Who was Sallust

A

Roman politician during Caesar’s time who retired after scandal and began to write history

284
Q

When did Sallust live

A

86- 35 BCE

285
Q

When did Sallust begin writing

A

44 BCE

286
Q

Latin title of Calantine’s War

A

Bellum Catilinae

287
Q

When was Calintine’s war written

A

44- 40

288
Q

Where was Calintines’s war written

A

Rome– but Sallust retired in Tivoli

289
Q

Language of Calintine’s War

A

Latin

290
Q

When does Calintine’s war take place

A

During political turmoil and the debt crisis of 60’s BCE

291
Q

Optimates

A

The best men- Conservatives who wanted to keep power with the wealthy senators

292
Q

Populares

A

Radicals who wanted to gain power by appealing to the masses

293
Q

Optimates opinion on debt

A

People should not be relieved of debt under any circumstances

294
Q

Populares opinion on debt

A

Should be restructured and sometimes cancelled

295
Q

Important optimates

A

Marcus Tullius Cicero

Marcus Porcius Cato

296
Q

Important populares

A

Gaius Julius Caesar, Lucius Sergius Catilina

297
Q

Lucius Sergius Catilina

A

General who was a patrician and popularis. Radical proponent of debt reform

298
Q

When did Catiline run for consul

A

In 64 and 63 BCE

299
Q

What was Catiline’s platform

A

Cancellation of debts and redistribution of land

300
Q

Who were the consuls in 63 who oversaw the election

A

Cicero and Gaius Antonius Hyprida

301
Q

When did Catiline get serious about overthrowing the government

A

July of 63

302
Q

Who were the most important leaders in the 80’s

A

Gaius Marius and Sulla

303
Q

Who were Marius and Sulla popular among

A

Marius among the masses and Sulla among the elite

304
Q

Client Army

A

General patrons had armies of soldiers who were personally loyal to them

305
Q

Etruria

A

After Sulla won the wars, he rewarded his veterans by giving them land from evicted farmers. The farmers were not happy and the verterans didnt know how to farm

306
Q

Gaius Manlius

A

Calintine’s client who was campaigning in Etruria

307
Q

Senatus Consultum Ultimum

A

October 21, 63– Gave emergency power to the consuls

308
Q

When was Catiline planning on assasinating Cicero and taking over Rome

A

November 7, 63

309
Q

What was Catiline charged with

A

Political violence

310
Q

When did the senate side with Cicero and make Catiline flee

A

November 8, 63

311
Q

What was Catiline declared to be by Cicero

A

Hostis– Enemy combatant

312
Q

Who produced written evidence of conspiracy against Catiline

A

Captured envoys of the Allobroges

313
Q

When were the conspirators of Calintine’s war arrested

A

December 3, 63

314
Q

Who were 2 notable conspirators of the 5 conspirators in the war

A

Publius Cornelius Lentulus Sura

Gaius Cornelius Cethegus

315
Q

When did senate vote to execute the conspirators

A

December 5th 63

316
Q

Who was sent to fight Cataline’s army in Etruria

A

Hybrida

317
Q

When did Cataline die

A

In combat in January 62

318
Q

When was Cicero exiled

A

58

Classics 2301 (3 decks)

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