Mid_Term Flashcards

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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
Q

What is Doubt of Fact (DoF)

A

law is clear, reality not clear

26
Q

What is ignorance?

A

lack of knowledge

27
Q

What is error?

A

mistaken judgment

28
Q

What is authentic?

A

authoritative

29
Q

Who does Mere Eccelsiastical Law bind?

A

use of reason, baptized or received, completed 7 years of age

30
Q

What is a day?

A

completed 24 hours

31
Q

Are those who have been formally admitted to Church bound to Catholic Form of marriage?

A

yes

32
Q

What is a domicile?

A

place for FIVE years or INTENTION remaining permanently

33
Q

What is a quasi-domicile?

A

3 months

34
Q

Is a territory restrictive?

A

No, for it covers all

35
Q

What should be known regarding interpretation of Text?

A

read text, read context, parallel passages, mind of legislator

36
Q

Who is prefect?

A

head of dicastery

37
Q

What is strict?

A

most narrow

38
Q

What is wide?

A

that which is most wide

39
Q

What is jurisprudenc?

A

way court decides matters

40
Q

Should we presume an old law has been revoked?

A

no

41
Q

What are the three customs?

A

legal (30 years), centennial (100 years), immemorial (older than oldest person in community)

42
Q

What are the three approvals for custom?

A

explicit, tacit (L aware bit no delcaration), legal

43
Q

How are General Decrees promulgated?

A

come from councils, conference of BPs or from a council.

44
Q

What is function of instruction, directions, and circular letters?

A

urge or clarify compliance (e.g. Ecclesia Dei clarifies Summorm Pontificum)

45
Q

What does “Informa Specific” mean?

A

P read and approved

46
Q

What does ad nutum?

A

only at will

47
Q

What are the Three Administrative Acts

A

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
Q

What should we know when making a decision?

A

story right, facts straight, in writing (Two Reasons)

49
Q

What should be known regarding a dispensation?

A

not perpetual in nature

50
Q

What should be known regarding a privelege?

A

perpetual in nature

51
Q

What is the function of statutes?

A

help run juridical person

52
Q

What is the function of an ordinance?

A

help run meetings

53
Q

What determinse who you report to?

A

QD, D

54
Q

Who can’t be married?

A

those in direct line

55
Q

Who can LO dispense?

A

those in third and fourth degree

56
Q

What is an example of 2nd Degree?

A

bro and sis

57
Q

What is an example of third degree?

A

uncle neice, aunt nephew

58
Q

What is an example of fourth degree?

A

first cousins

59
Q

Who is ok to be married?

A

2nd cousins

60
Q

How is QD or D lost?

A

departure of place w/ no intention of returning

61
Q

What is the principle of equity?

A

Principle which leaders apply the law to person taking persons and place into consideration

62
Q

When does a law abrogate or derogate

A

When expressly states, directly contrary to that law, integrally reorders the whole subject matter of the earlier law