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CLST 308 - Roman Law > Latin Terminology > Flashcards

Latin Terminology Flashcards

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1
Q

cognitio

A

procedure for litigation during the imperial era - whole case is adjudicated by magistrate

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2
Q

decreta

A

decisions made for individual cases

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3
Q

edictum

A

law that can be made at the Emperor’s will

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4
Q

mandata

A

instructions to magistrates

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5
Q

peregrinus

A

non-citizen

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6
Q

praetor

A

elected magistrate

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7
Q

rescripta

A

responses to personal letters

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8
Q

usucapio

A

acquisition of property through possession

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9
Q

familia

A

family (rights to inheritance etc.)

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10
Q

ius civile

A

laws created for Roman citizens

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11
Q

ius gentium

A

law of nations - created for all

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12
Q

peculium

A

a slave’s personal property

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13
Q

res mancipi

A

valuable agricultural property

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14
Q

vindicatio

A

owner must prove ownership to restore property

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15
Q

res communes

A

things common to all man

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16
Q

res nullius

A

things belonging to no one

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17
Q

res publicae

A

things belonging to the State

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18
Q

res sacrae

A

things consecrated by the gods

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19
Q

res universitatis

A

things intended for public use

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20
Q

sui iuris

A

under one’s own power

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21
Q

traditio

A

delivery and iusta causa

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22
Q

iusta causa

A

just cause for transaction

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23
Q

usufruct

A

right to use another’s property, and to take its fruits

24
Q

usus

A

entitlement to use property, but not to take its fruits

25
Q

manus

A

marriage in which the wife comes under the potestas of husband’s paterfamilias - severs all former agnatic ties

26
Q

alieni iuris

A

under the power of another

27
Q

agnate

A

individual in a family - related to all other people under the potestas of the same paterfamilias

28
Q

adrogatio

A

the adoption of a sui iuris person

29
Q

adoptio

A

the adoption of an alieni iuris

30
Q

12 tables date

A

450 BCE

31
Q

Justinian’s Digest

A

530 CE

32
Q

Transition from monarchy to republic

A

509 BCE

33
Q

Transition from republic to empire

A

27 CE

34
Q

caveat emptor

A

buyer must be aware of defects before purchase

35
Q

societas

A

partnership between 2 or more for mutual benefit

36
Q

iniuria

A

harm or injury to a free person by unjustifiable, intentional, and insulting behaviour

37
Q

negotorium gestio

A

conducting another person’s affairs without their consent

38
Q

occupatio

A

taking possession of certain types of property

39
Q

pignus

A

contract whereby property was transferred by a borrower to a lender by way of mortgage

40
Q

commodatum

A

contract whereby use of a corporeal object was transferred gratuitously

41
Q

depositum

A

contract whereby safekeeping of a movable object was transferred gratuitously

42
Q

4 types of contract

A

Verbal
Consensual
Literal
Real

43
Q

Lex Julia de adulteriis

A
  • Criminalises stuprum/adultery
  • Husband MUST prosecute/divorce wife
  • Third parties can prosecute
  • Limits rights of husband to exact private vengeance
44
Q

humiliores

A

plebians

45
Q

cessio in iure

A

surrender of property

46
Q

conubium

A

right to a manus marriage

47
Q

commercium

A

right to participate in ius civile transactions

48
Q

contrectatio

A

the act of laying hands on another’s property with the intent to take/use

49
Q

lex Fufia Caninia

A

Restricts the number of slaves that could be freed by will to 100

50
Q

Remedy for robbery

A

Fourfold damages, provided the case was brought within a year of the robbery

51
Q

infamia

A

Legal disgrace: social disgrace and prevention from holding honourable positions, represent/be represented in litigation, often left intestate

52
Q

stipulatio

A

Unilateral/strici iuris contract whereby an obligation is created when one person makes a formal promise in response to a formal question

53
Q

Stuprum vs. adultery

A

Stuprum: unlawful sex
Adultery: sex with another while married

54
Q

emptio venditio

A

contract of sale

55
Q

cognate

A

relatives on the mother’s side of the family

CLST 308 - Roman Law (2 decks)

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