Midterm 1 Flashcards
what is law
formal expression of a peoples beliefs about right and wrong conduct
what were the romans world famous for
their influence on legal development and they read and studied greek philosophers who wrote about law therefore ancient greeks had an effect on the legal progress/evolution in an indirect manner
where does the earliest evidence of greek law come from
the poets Homer and Hesiod
what did homer and hesoid’s poems have in them
people in them who seek vengeance as a means to redress wrongs
in classical mythology, who was dike
a virgin daughter of Zeus
what does dike mean
refers to a law, the goal of dike or law is to resolve disputes without violence
when did greek culture establish a democratic approach to law
as early as Homer, greek culture established a democratic approach to law
first written laws in the greek word were in the ____ century Athenians
mid 7th century
who was zaleucus
greek Shepard who learned his laws (Nome) from the goddess Athena. He is known for simplifying contracts, creating procedural laws and still penalties
when were procedural laws prominent
procedurals laws were prominent during 660’s BC and were the largest area of innovation
The City of Drepos in the ___ century also had hand written laws
7th
what was the gortyn code
Gortyn code attempted to codify greek law. it was over 500 lines dealing with various legal subjects
what were sparta and athens
Sparta and Athens were city states that dominated Greek mainland during the classical period of the 5th century bc
who was the law person in sparta
tradition maintained that Lycourgos was the lawgiver who forbade use of gold and silver coinage and forbid written laws so that there could be flexibility in the future.
who was draco
First written law in athens was 621 BC, it was important because it was in writing, death penalty for almost all offenses, he was big with the homocide laws, constrained both substantive and procedural elements, also largely deals with procedural matters.
what 2 social objectives did draco achieve
- curb violent conduct particularity revenge.
2. establish a judicial procedure that was mandatory
when was draco introduced
621 BC
who is solon
594BC abolished most of Draco’s Laws but not those relating to homocide. laws were inscribed on wooden axones (boxes). His laws were extensive.
1. procedural 2.private 3. political 4. economic/commercial 5. religious
what institutions of athenian legal procedure did solon invent
1.graphe- 3rd person to bring on suit on behalf of another 2. dike exoules- creditor to sue 3. eisangelia- impeachment for tyranny 4. emphasis- right of appeal to the popular courts.
when was solon introduced
594 BC
4 ways written law affected the greek communities
- promoted equality in law
- increased use of judicial system bc it was mandatory
- diminished power of the individual
- increased authority of the polis over its citizens
in the 4th century BC, what did jurors do at the beginning of every year
in the 4th century bc jurors swore an oath at the beginning of every year
greek words for law
“nomos or thermos”
what year was the peloponnesian war
410 BC
who was the peloponnesian war between
athens and sparta
what year was the reipscription of laws
404 BC Anagraphies collected Solon and Draco’s laws and creates the reinscription of laws to made law more accessible
who was “the thirty”
special group of law givers along with the council (Boule) established a new legal order in 404 BC- stated any law passed before 403 BC was invalid
what year did “the thirty” establish a new legal order
404 BC
what did plato propose
proposed that laws purpose is to benefit all people in society not just one class, share benefits that each individual is able to give the community and establish peace, law is essential for society to thrive
what were platos 2 principles
- law must apply equally to all
- voluntary acceptive of citizens to the rule of law is what gives it its force, not the government enforcing it upon citizens
what did aristotle believe
justice should be lawful and equal, natural law controlled ethical and political life. there is a distinction between natural law as opposed to man man laws.
what are 2 kinds of justice that aristotle believed
- distributive justice operates to reward individuals for the benefits they confer upon society
- corrective justice punishment
when did the athenians agree to have an arbiter to resolve private disputes
5th Century BC Athenian citizens agree by contract to have an arbiter under oath to resolve private disputes
what work did hesiod do
the wrote the theogony and the works and days.
homers iliad and odyssey both depict what
both depict instances where groups of elders - rather than individual kings - make judicial decisions
who wrote the first greek laws in 662 BC
Zaleucus
draco recognized procedures called agape and indexes, what do these mean
permitted the arrest of certain criminals as a substitute for unrestrained self-help
four sided wooden structures are also called
axones
what does nomothetai mean
law givers, approved or disapproved new laws
what does boule mean
council
what play did sophocles write and what was it about
called antigone, and antigone challenges king freon by burying her brother in contravention of croons law.
when did public arbitration become mandatory and what was required
in the 4th century BC, all male citizens were required to be arbiters at age 59
later what does dike mean
used to describe private cases
is homicide considered private or public
private
what does graphe mean
public case
greek word for water clock
slepsydra
greek word for issuing a summons
prosklesis
greek word for pay a fee
prytaneia
greek word for pretrial conference
anakrisis
how did you initiate a lawsuit
a plaintiff/prosecutor had to issue a summons (prosklesis) to the defendant, file a complain, and pay a fee (prytaneia), after a pre trial conference (anakrisis) the matter went to trial
what kept track for the time allowed for each speech in trial
a water clock
greek word for jurors
dikastes
what did the archons(ruler/magistrate) handle
handled property, family, religion, and homocide matters
who dealt with internal military disputes
Thesmothetae Straregoi
who dealt with commercial issues
Agoranomoi and Sitophylakes
who dealt with arson and international homocide
Areopagus
around 4th century BC, how many jurors were typically at a trial
500
3 kinds of inadmissable evidence in athenian trials
- testimony by litigant
- hearsay
- testimony of women, children and the disenfranchised
what is psephismata
Statues first approved by Boule then enacted by the Ekklesia, its a new law
what was sycophancy
someone who prosecutes a public case in bad faith, for a reward only
what was the story of wasps by aristotle
Story of Cleon and Procleon. It first criticized the life of a juror but by the end, it shows that the commitment as a juror kept Proclean from being a burden to society and actually made him production
what two things did the parties have to agree on in order to be binding
- who would serve as arbitrators
2. what was the content of the question for the arbitrators to resolve
play epitrepontes by menanders
daos and syriskos fight over a baby and ask a random person to arbitrate
“the forty”
heard majority of private cases, they are deme judges.
when was “the forty”
400 BC
procedures for public cases
- apagoge - volunteer prosecutor arrests the defendant and brings him to the official
- ephegesis - volunteer prosecutor leads the magistrate to the defendant for arrest
- endeixis - volunteer prosecutor explains the charge to the magistrate then authorized to make the arrest
- apographe - volunteer prosecutor lists property wrongfully held by defendant(property that belongs to the state)
- eisangelia - volunteer prosecutor denounces the defendant to the Ekklesia or Boule or Archon
- probole - preliminary hearing at the ekklesia
- dokimasia - hearing where candidate might be disqualified from citizenship
- euthynai - review of performance in public office
synegroi
public prosecutors. 10 citizens selected by random who were paid one drachma per day.
summons alerted the defedant of 3 crucial facts
- specific date on which defendant was to appear
- magistrates that would be there
- the alleged wrong for which the defendant did
how would jurors vote for a plantiff/prosecutor
by placing a bronze disk with a hallow shaft in its middle into an urn for registering votes.
how would jurors vote for a defendant/accused
by placing a bronze disk with a solid shaft in its middle into an urn for registering votes
diamartyria
formal assertion of fact by a witness who was in a position to know it
paragraphe
prosecution in opposition
res judicata
assertion that another court has already adjudicated the same issue
statute of limitations
period of time within which a claim of the nature at issue should have been brought has already passed
lack of subject matter jurisdiction
the court is not authorized to adjudicate claims of the nature at issue
statute of frauds
certain types of contracts must be in writing in order to be valid
what did the archon eponymous handle
(gave his name to the year), controlled property and family members
what did the archon basileus handle
responsible for laws regarding religion, homicide
what did the archon polemarchus handle
responsible for law dealing with non-athenians
what was the areopagus
aristocratic council
when did the areopagus have unlimited power
7th century BC
what was the eleven responsible for
cases involving kakourgoi, cases that require a defendant to be incarcerated while awaiting trial. in charge of prisons and executions
what was the agoranomoi responsible for
cases involving disputes brought in the agora(athenian market)
what was sitophylakes responsible for
cases concerning grain
what was the epimeletai to emporiou responsible for
cases involving the sale of grain in the whole sale market
what was the eisagogeis responsible for
cases related to loans and banking
what was the thesmothetai responsible for
cases regarding treaties with other states and many public cases
graphe paranomen
charge against someone proposing a law/decree that was contrary to already established laws.
when was graphe paranomen discovered/used
late 5th century
what happens if someone is found guilty of graphe paranomen
punished by atimia (disenfranchisement)
heliaia
supreme court of athens, ekklesia
3 ways the death penalty could be carried out
- throwing them into a pit - barathron
- securing them to a wooden plank - apotumpanismos
- forcing them to drink hemlock
what did greeks believe homicide caused
pollution
greek word for pollution
miasma
how was unintentional homicide dealt with
exile
the ephetai tried cases in four different venues
- delphinion- defendant asserted an affirmative defense
- palladion- involving a homocide that was clearly unintentional or of a slave/foreigner
- prytaneion- death was caused by unknown person, animal or object
- phreatto- defendant had already been convicted/exiled prior to homocide
4 stages of homicide trials
- relative of the victim initiated the complaint with the Archon proclaiming that accused must keep away from things laid down by the law
- Archon Basileus made same formal pronouncement
- Basileus helped 3 pre trial conferences
- presided over the trial on the merets
dike klopes
simple theft
kakourgoi
serious theft
dike biaien
theft by force
trauma ek pronoias
criminal batter. use of weapon with intent to kill
procedure called eisangelia was what
used to prosecute a variety of new wrong but by the beginning of the 4th century this was the procedure used in cases of alleged treason
dike aikeias
intentionally striking another. similar to batter
dike heirgmou
false imprisonment
dike kakegorias
action for defamation
dike blabes
property damage
When did claudius use sacred chickens and why?
249 BC, to see if the gods favoured an attack on the carthaginian fleet
who was claudis
roman consul
how many ships was claudis in command of
123 and he lost 93 when he was defeated by carthage
who was the punic war between
rome and carthage
when was the punic war
264 BC
what was clouds charged with
dually convicted and fined 12 thousand dinary
whats double jeopardy
once charged, you cannot be charged again on the same crime
what trials did oj simpson have
criminal trial for murder and civil trial for wrongful death
“we are much less greeks than we believe”
from the author foucault
what did foucault argue
that the industrial revolution of the late 18th century change the world more than we think
how was parricide punished
by the culleus or “sack” - sewn into a leather sack, with a dog, cock, viper, and ape, than thrown into running water.
who was condemned for killing his mother
Malleolus
when was the sack law passed
55 BC
was the sack mainly used in rome or greece
rome
BC means
before christ
AD means
Anno Domini (year of the lord)
BCE means
Before the common era
CE means
Common era
6500-3000 BC greece
neolithic period
3000-2000 BC greece
early bronze age
2000-1600 BC greece
middle bronze age
1600-1100 BCgreece
late bronze age
1100-900 BCgreece
early dark age
900-750 BCgreece
late dark age
750-480 BCgreece
archaic period
480-323 BCgreece
classical period
323-30 BCgreece
hellenistic period
753-509 BCrome
regal period (rome)
509-27 BCrome
republican period(rome)
27 BC - 284 CErome
Imperial period
284 CE - 476 CErome
Later Roman Empire
when was the franchthi cave in peloponnesus inhabited
20,000 - 3000 BCE
agriculture has only independently developed 3 times, when/where were they?
- 8000 BC turkey
- 6800 BC china
- 4000 BC America
early and middle bronze ages in greece were dominated by what civilization
minoan
was the language of minoans greek
no
when was the emergence of new culture in greece
2000 BC (by minoan civilization)
who won the punic wars
rome
into european language
family of languages. ancient european and ancient indian languages have similarities and a common decent
when and how were minoan enters destroyed
15th and 14th centuries, by a fire
what happened when the palace at Cnossus was rebuilt after the fire
language changed from Linear A, to Linear B(early greek)
when did the trojan war happen
1250 BC
who was the trojan war between
greeks and troy
who won the trojan war
greeks
when did the peloponnesian war happen
410 BC
who was the peloponnesian war between
athens and sparta
who won the peloponnesian war
sparta
who proved the site of troy
frank calvert
Heinrich schliemann
Wilhelm dorpfeld
carl blegen
how many levels did the city of troy have
9
which level of troy was particularly impressive but how was it destroyed
6, destroyed by an earthquake
what level of troy did the trojan war take place at,
7a
date of first olympic games
776 BC
when did the formation of the polis occur
around the 8th century BC
when was the beginning of the archaic period
8th century BC
what was the polis
city state that forms the basis of greek political life
what was a big development (not laws) in the 8th century BC
colonization
what was good about colonies
good way of controlling population growth and political competition
who were the phoenicians
people who lived where israel and syria are now
where was the phoenician colony
cartia? in south africa
when was the introduction of the hoplite phalanx
7th century BC, it helped create a spirit of equality in the army
7th century BC was intense competition between
city states and in the polis between the classes as well
what did solon eliminate
debt salvery
who/when was kleisthenes
508 BC, he further reformed the government of athens in the direction of democracy. he was after draco and solon.
6th century is also known as
invention of democracy
when did the cities of ionia(in greece) rebel against persian rule, what was this known as
5th century. Ionian revolt. athens sent aids to the rebels
what did persian king darius I do
invaded greece, but he was defeated
when did the persian wars take place
449 BC
who won the persian war
athens(greece)
who was the persian war between
persia and greece
when phillip II of macedon was murdered in 336, who became king
alexander
who was particularly famous for speaking out against the macedonian king(phillip II)
demosthenes
what was the hellenistic period a time of
sophisticated learning
when did achaean confederacy rebel and against who, who won
against rome in 146 BC. rome defeated corinth(greece)
when was the foundation of rome
753 BC
what was the regal period
period following the foundation of rome
when did the greek colony tarentum enlist the aid od pyrrhus of epirus to resist roman conquest. who won
208 BC, rome defeated pyrrhus and captured tarentum, completing the conquest of italy
pyric victory means
to win the battle but lose the war
what did lives andronicus do
translated the odyssey into latin. he was a tarentum slave in rome after the war with pyrrhus.
punic is short for
phoencian
who was pompey/what did he do
fought spain in middle east then came back to rome, he was taking over rome, then when cesar came back, pompey fled with his army
what were cicero and cato
socially and economically conservative, they tried to keep power in the hands of wealthy as a class
what was the last major battle of roman civil wars and when
battle of actium, in 31 BC. octavian defeated antony and cleopatra(cesars lover), and when he settled affairs in rome in 27 BC, he took the name augustus
who was augustus
first roman emperor
what was the augustian period the beginning of
the pox romata - time of peace after civil war
what is self help
someone who was wronged takes vengence
what does nomos mean
common law
what does thesmos mean
civil law
what does areopagus mean
it was a council of elders known by the name of their meeting place, areopagus means “the hill of ares”
greek word for household
oikos
greek word for head of a household
kyrios
what was nautodikai
judges of sailors
what was xenodiaki
judges of foreigners
boedromion
september
mounikhion
april
what contribution did kleisthenes have to the law
citizens could propose a new law to the boule(council of 500)
when was solon and drakes homicide law on strong inscribed
410-403 BC
in private disputes, if a plaintiff approached his four judges of his tribe and the amount was more than 10 drachmas, the judges would refer the case to
a public arbitrator
private cases
dikai idiai / dikai
public cases
dikai demosiai / graphi
what was done to discourage sycophancy
if the prosecutor failed to get at least 20% of the jurors to vote for him he was fined 1000 drachmas
what year did the law require witness statements to be submitted in writing
375BC
what does hubris mean
outrage
what does asebeia mean
impiety (non religious)
greek word for battery
dike aikeias
greek word for imprisonment
dike heirgmous
greek word for defamation
dike kakegorias
