Mid_Term Flashcards

1
Q

Contrary to Custom

A

opposite of law

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2
Q

Power of Governance

A

leg, exe, jud

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3
Q

Natural Law

A

mans participation in DL (do good, avoid evil)

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4
Q

What does non in scripsit, non in mundo mean?

A

if its not in writing it does not exist

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5
Q

What are the Four Integral Parts of Law

A

ordinance of reason, common good, competent authority, promulgated

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6
Q

What is the Holy See?

A

person of Pope or dicastery?

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7
Q

What does abrogate mean?

A

complete revocation

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8
Q

What does derogate mean?

A

partial revocation

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9
Q

What is person?

A

subject of rights and obligations

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10
Q

What are examples of different persons?

A

juridical, moral, private, public, physical

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11
Q

What is juridical person?

A

legal construct or aggregate of persons or things

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12
Q

What is juridical public?

A

in the name of Church

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13
Q

What is custom?

A

not written, arise from repeated action, unbroken by community

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14
Q

What is the universal?

A

throughout majority of Church

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15
Q

What is particular?

A

NOT throughout majority of areas

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16
Q

Who has power of governance?

A

Ordinary power: P, DB, VG, head of apostolic life (HoAL)

Local Ordinary (LO), which is everyone mentioned above except HoAL

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17
Q

Who is legislature?

A

P, DB, Ecumencial Council, heads of particular churches

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18
Q

What is an example of Executive?

A

dicastery

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19
Q

Through what is legislative passed?

A

Acta Apostilicae Sedis (AAS)

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20
Q

What is invalidity?

A

refers to act and is null

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21
Q

what is illicit?

A

broken by law

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22
Q

What is incapacitating?

A

predicated of persons

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23
Q

What is doubt?

A

wavering of mind between two extremes

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24
Q

What is Doubt of Law (DoL)?

A

meaning of law not clear

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25
What is Doubt of Fact (DoF)
law is clear, reality not clear
26
What is ignorance?
lack of knowledge
27
What is error?
mistaken judgment
28
What is authentic?
authoritative
29
Who does Mere Eccelsiastical Law bind?
use of reason, baptized or received, completed 7 years of age
30
What is a day?
completed 24 hours
31
Are those who have been formally admitted to Church bound to Catholic Form of marriage?
yes
32
What is a domicile?
place for FIVE years or INTENTION remaining permanently
33
What is a quasi-domicile?
3 months
34
Is a territory restrictive?
No, for it covers all
35
What should be known regarding interpretation of Text?
read text, read context, parallel passages, mind of legislator
36
Who is prefect?
head of dicastery
37
What is strict?
most narrow
38
What is wide?
that which is most wide
39
What is jurisprudenc?
way court decides matters
40
Should we presume an old law has been revoked?
no
41
What are the three customs?
legal (30 years), centennial (100 years), immemorial (older than oldest person in community)
42
What are the three approvals for custom?
explicit, tacit (L aware bit no delcaration), legal
43
How are General Decrees promulgated?
come from councils, conference of BPs or from a council.
44
What is function of instruction, directions, and circular letters?
urge or clarify compliance (e.g. Ecclesia Dei clarifies Summorm Pontificum)
45
What does "Informa Specific" mean?
P read and approved
46
What does ad nutum?
only at will
47
What are the Three Administrative Acts
1) Executive act of power (physical or judicial) for one person e.g. grant of faculty (not general), 2) Canonical, 3) Act of Granting (not power itself)
48
What should we know when making a decision?
story right, facts straight, in writing (Two Reasons)
49
What should be known regarding a dispensation?
not perpetual in nature
50
What should be known regarding a privelege?
perpetual in nature
51
What is the function of statutes?
help run juridical person
52
What is the function of an ordinance?
help run meetings
53
What determinse who you report to?
QD, D
54
Who can't be married?
those in direct line
55
Who can LO dispense?
those in third and fourth degree
56
What is an example of 2nd Degree?
bro and sis
57
What is an example of third degree?
uncle neice, aunt nephew
58
What is an example of fourth degree?
first cousins
59
Who is ok to be married?
2nd cousins
60
How is QD or D lost?
departure of place w/ no intention of returning
61
What is the principle of equity?
Principle which leaders apply the law to person taking persons and place into consideration
62
When does a law abrogate or derogate
When expressly states, directly contrary to that law, integrally reorders the whole subject matter of the earlier law