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Classics 2301 > Midterm 1 > Flashcards

Midterm 1 Flashcards

1
Q

what is law

A

formal expression of a peoples beliefs about right and wrong conduct

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2
Q

what were the romans world famous for

A

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

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3
Q

where does the earliest evidence of greek law come from

A

the poets Homer and Hesiod

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4
Q

what did homer and hesoid’s poems have in them

A

people in them who seek vengeance as a means to redress wrongs

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5
Q

in classical mythology, who was dike

A

a virgin daughter of Zeus

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6
Q

what does dike mean

A

refers to a law, the goal of dike or law is to resolve disputes without violence

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7
Q

when did greek culture establish a democratic approach to law

A

as early as Homer, greek culture established a democratic approach to law

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8
Q

first written laws in the greek word were in the ____ century Athenians

A

mid 7th century

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9
Q

who was zaleucus

A

greek Shepard who learned his laws (Nome) from the goddess Athena. He is known for simplifying contracts, creating procedural laws and still penalties

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10
Q

when were procedural laws prominent

A

procedurals laws were prominent during 660’s BC and were the largest area of innovation

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11
Q

The City of Drepos in the ___ century also had hand written laws

A

7th

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12
Q

what was the gortyn code

A

Gortyn code attempted to codify greek law. it was over 500 lines dealing with various legal subjects

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13
Q

what were sparta and athens

A

Sparta and Athens were city states that dominated Greek mainland during the classical period of the 5th century bc

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14
Q

who was the law person in sparta

A

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.

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15
Q

who was draco

A

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.

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16
Q

what 2 social objectives did draco achieve

A
  1. curb violent conduct particularity revenge.

2. establish a judicial procedure that was mandatory

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17
Q

when was draco introduced

A

621 BC

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18
Q

who is solon

A

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

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19
Q

what institutions of athenian legal procedure did solon invent

A

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.

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20
Q

when was solon introduced

A

594 BC

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21
Q

4 ways written law affected the greek communities

A
  1. promoted equality in law
  2. increased use of judicial system bc it was mandatory
  3. diminished power of the individual
  4. increased authority of the polis over its citizens
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22
Q

in the 4th century BC, what did jurors do at the beginning of every year

A

in the 4th century bc jurors swore an oath at the beginning of every year

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23
Q

greek words for law

A

“nomos or thermos”

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24
Q

what year was the peloponnesian war

A

410 BC

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25
Q

who was the peloponnesian war between

A

athens and sparta

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26
Q

what year was the reipscription of laws

A

404 BC Anagraphies collected Solon and Draco’s laws and creates the reinscription of laws to made law more accessible

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27
Q

who was “the thirty”

A

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

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28
Q

what year did “the thirty” establish a new legal order

A

404 BC

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29
Q

what did plato propose

A

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

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30
Q

what were platos 2 principles

A
  1. law must apply equally to all
  2. voluntary acceptive of citizens to the rule of law is what gives it its force, not the government enforcing it upon citizens
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31
Q

what did aristotle believe

A

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.

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32
Q

what are 2 kinds of justice that aristotle believed

A
  1. distributive justice operates to reward individuals for the benefits they confer upon society
  2. corrective justice punishment
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33
Q

when did the athenians agree to have an arbiter to resolve private disputes

A

5th Century BC Athenian citizens agree by contract to have an arbiter under oath to resolve private disputes

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34
Q

what work did hesiod do

A

the wrote the theogony and the works and days.

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35
Q

homers iliad and odyssey both depict what

A

both depict instances where groups of elders - rather than individual kings - make judicial decisions

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36
Q

who wrote the first greek laws in 662 BC

A

Zaleucus

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37
Q

draco recognized procedures called agape and indexes, what do these mean

A

permitted the arrest of certain criminals as a substitute for unrestrained self-help

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38
Q

four sided wooden structures are also called

A

axones

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39
Q

what does nomothetai mean

A

law givers, approved or disapproved new laws

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40
Q

what does boule mean

A

council

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41
Q

what play did sophocles write and what was it about

A

called antigone, and antigone challenges king freon by burying her brother in contravention of croons law.

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42
Q

when did public arbitration become mandatory and what was required

A

in the 4th century BC, all male citizens were required to be arbiters at age 59

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43
Q

later what does dike mean

A

used to describe private cases

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44
Q

is homicide considered private or public

A

private

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45
Q

what does graphe mean

A

public case

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46
Q

greek word for water clock

A

slepsydra

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47
Q

greek word for issuing a summons

A

prosklesis

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48
Q

greek word for pay a fee

A

prytaneia

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49
Q

greek word for pretrial conference

A

anakrisis

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50
Q

how did you initiate a lawsuit

A

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

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51
Q

what kept track for the time allowed for each speech in trial

A

a water clock

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52
Q

greek word for jurors

A

dikastes

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53
Q

what did the archons(ruler/magistrate) handle

A

handled property, family, religion, and homocide matters

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54
Q

who dealt with internal military disputes

A

Thesmothetae Straregoi

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55
Q

who dealt with commercial issues

A

Agoranomoi and Sitophylakes

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56
Q

who dealt with arson and international homocide

A

Areopagus

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57
Q

around 4th century BC, how many jurors were typically at a trial

A

500

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58
Q

3 kinds of inadmissable evidence in athenian trials

A
  1. testimony by litigant
  2. hearsay
  3. testimony of women, children and the disenfranchised
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59
Q

what is psephismata

A

Statues first approved by Boule then enacted by the Ekklesia, its a new law

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60
Q

what was sycophancy

A

someone who prosecutes a public case in bad faith, for a reward only

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61
Q

what was the story of wasps by aristotle

A

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

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62
Q

what two things did the parties have to agree on in order to be binding

A
  1. who would serve as arbitrators

2. what was the content of the question for the arbitrators to resolve

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63
Q

play epitrepontes by menanders

A

daos and syriskos fight over a baby and ask a random person to arbitrate

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64
Q

“the forty”

A

heard majority of private cases, they are deme judges.

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65
Q

when was “the forty”

A

400 BC

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66
Q

procedures for public cases

A
  1. apagoge - volunteer prosecutor arrests the defendant and brings him to the official
  2. ephegesis - volunteer prosecutor leads the magistrate to the defendant for arrest
  3. endeixis - volunteer prosecutor explains the charge to the magistrate then authorized to make the arrest
  4. apographe - volunteer prosecutor lists property wrongfully held by defendant(property that belongs to the state)
  5. eisangelia - volunteer prosecutor denounces the defendant to the Ekklesia or Boule or Archon
  6. probole - preliminary hearing at the ekklesia
  7. dokimasia - hearing where candidate might be disqualified from citizenship
  8. euthynai - review of performance in public office
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67
Q

synegroi

A

public prosecutors. 10 citizens selected by random who were paid one drachma per day.

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68
Q

summons alerted the defedant of 3 crucial facts

A
  1. specific date on which defendant was to appear
  2. magistrates that would be there
  3. the alleged wrong for which the defendant did
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69
Q

how would jurors vote for a plantiff/prosecutor

A

by placing a bronze disk with a hallow shaft in its middle into an urn for registering votes.

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70
Q

how would jurors vote for a defendant/accused

A

by placing a bronze disk with a solid shaft in its middle into an urn for registering votes

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71
Q

diamartyria

A

formal assertion of fact by a witness who was in a position to know it

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72
Q

paragraphe

A

prosecution in opposition

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73
Q

res judicata

A

assertion that another court has already adjudicated the same issue

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74
Q

statute of limitations

A

period of time within which a claim of the nature at issue should have been brought has already passed

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75
Q

lack of subject matter jurisdiction

A

the court is not authorized to adjudicate claims of the nature at issue

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76
Q

statute of frauds

A

certain types of contracts must be in writing in order to be valid

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77
Q

what did the archon eponymous handle

A

(gave his name to the year), controlled property and family members

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78
Q

what did the archon basileus handle

A

responsible for laws regarding religion, homicide

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79
Q

what did the archon polemarchus handle

A

responsible for law dealing with non-athenians

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80
Q

what was the areopagus

A

aristocratic council

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81
Q

when did the areopagus have unlimited power

A

7th century BC

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82
Q

what was the eleven responsible for

A

cases involving kakourgoi, cases that require a defendant to be incarcerated while awaiting trial. in charge of prisons and executions

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83
Q

what was the agoranomoi responsible for

A

cases involving disputes brought in the agora(athenian market)

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84
Q

what was sitophylakes responsible for

A

cases concerning grain

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85
Q

what was the epimeletai to emporiou responsible for

A

cases involving the sale of grain in the whole sale market

86
Q

what was the eisagogeis responsible for

A

cases related to loans and banking

87
Q

what was the thesmothetai responsible for

A

cases regarding treaties with other states and many public cases

88
Q

graphe paranomen

A

charge against someone proposing a law/decree that was contrary to already established laws.

89
Q

when was graphe paranomen discovered/used

A

late 5th century

90
Q

what happens if someone is found guilty of graphe paranomen

A

punished by atimia (disenfranchisement)

91
Q

heliaia

A

supreme court of athens, ekklesia

92
Q

3 ways the death penalty could be carried out

A
  1. throwing them into a pit - barathron
  2. securing them to a wooden plank - apotumpanismos
  3. forcing them to drink hemlock
93
Q

what did greeks believe homicide caused

A

pollution

94
Q

greek word for pollution

A

miasma

95
Q

how was unintentional homicide dealt with

A

exile

96
Q

the ephetai tried cases in four different venues

A
  1. delphinion- defendant asserted an affirmative defense
  2. palladion- involving a homocide that was clearly unintentional or of a slave/foreigner
  3. prytaneion- death was caused by unknown person, animal or object
  4. phreatto- defendant had already been convicted/exiled prior to homocide
97
Q

4 stages of homicide trials

A
  1. relative of the victim initiated the complaint with the Archon proclaiming that accused must keep away from things laid down by the law
  2. Archon Basileus made same formal pronouncement
  3. Basileus helped 3 pre trial conferences
  4. presided over the trial on the merets
98
Q

dike klopes

A

simple theft

99
Q

kakourgoi

A

serious theft

100
Q

dike biaien

A

theft by force

101
Q

trauma ek pronoias

A

criminal batter. use of weapon with intent to kill

102
Q

procedure called eisangelia was what

A

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

103
Q

dike aikeias

A

intentionally striking another. similar to batter

104
Q

dike heirgmou

A

false imprisonment

105
Q

dike kakegorias

A

action for defamation

106
Q

dike blabes

A

property damage

107
Q

When did claudius use sacred chickens and why?

A

249 BC, to see if the gods favoured an attack on the carthaginian fleet

108
Q

who was claudis

A

roman consul

109
Q

how many ships was claudis in command of

A

123 and he lost 93 when he was defeated by carthage

110
Q

who was the punic war between

A

rome and carthage

111
Q

when was the punic war

A

264 BC

112
Q

what was clouds charged with

A

dually convicted and fined 12 thousand dinary

113
Q

whats double jeopardy

A

once charged, you cannot be charged again on the same crime

114
Q

what trials did oj simpson have

A

criminal trial for murder and civil trial for wrongful death

115
Q

“we are much less greeks than we believe”

A

from the author foucault

116
Q

what did foucault argue

A

that the industrial revolution of the late 18th century change the world more than we think

117
Q

how was parricide punished

A

by the culleus or “sack” - sewn into a leather sack, with a dog, cock, viper, and ape, than thrown into running water.

118
Q

who was condemned for killing his mother

A

Malleolus

119
Q

when was the sack law passed

A

55 BC

120
Q

was the sack mainly used in rome or greece

A

rome

121
Q

BC means

A

before christ

122
Q

AD means

A

Anno Domini (year of the lord)

123
Q

BCE means

A

Before the common era

124
Q

CE means

A

Common era

125
Q

6500-3000 BC greece

A

neolithic period

126
Q

3000-2000 BC greece

A

early bronze age

127
Q

2000-1600 BC greece

A

middle bronze age

128
Q

1600-1100 BCgreece

A

late bronze age

129
Q

1100-900 BCgreece

A

early dark age

130
Q

900-750 BCgreece

A

late dark age

131
Q

750-480 BCgreece

A

archaic period

132
Q

480-323 BCgreece

A

classical period

133
Q

323-30 BCgreece

A

hellenistic period

134
Q

753-509 BCrome

A

regal period (rome)

135
Q

509-27 BCrome

A

republican period(rome)

136
Q

27 BC - 284 CErome

A

Imperial period

137
Q

284 CE - 476 CErome

A

Later Roman Empire

138
Q

when was the franchthi cave in peloponnesus inhabited

A

20,000 - 3000 BCE

139
Q

agriculture has only independently developed 3 times, when/where were they?

A
  1. 8000 BC turkey
  2. 6800 BC china
  3. 4000 BC America
140
Q

early and middle bronze ages in greece were dominated by what civilization

A

minoan

141
Q

was the language of minoans greek

A

no

142
Q

when was the emergence of new culture in greece

A

2000 BC (by minoan civilization)

143
Q

who won the punic wars

A

rome

144
Q

into european language

A

family of languages. ancient european and ancient indian languages have similarities and a common decent

145
Q

when and how were minoan enters destroyed

A

15th and 14th centuries, by a fire

146
Q

what happened when the palace at Cnossus was rebuilt after the fire

A

language changed from Linear A, to Linear B(early greek)

147
Q

when did the trojan war happen

A

1250 BC

148
Q

who was the trojan war between

A

greeks and troy

149
Q

who won the trojan war

A

greeks

150
Q

when did the peloponnesian war happen

A

410 BC

151
Q

who was the peloponnesian war between

A

athens and sparta

152
Q

who won the peloponnesian war

A

sparta

153
Q

who proved the site of troy

A

frank calvert
Heinrich schliemann
Wilhelm dorpfeld
carl blegen

154
Q

how many levels did the city of troy have

A

9

155
Q

which level of troy was particularly impressive but how was it destroyed

A

6, destroyed by an earthquake

156
Q

what level of troy did the trojan war take place at,

A

7a

157
Q

date of first olympic games

A

776 BC

158
Q

when did the formation of the polis occur

A

around the 8th century BC

159
Q

when was the beginning of the archaic period

A

8th century BC

160
Q

what was the polis

A

city state that forms the basis of greek political life

161
Q

what was a big development (not laws) in the 8th century BC

A

colonization

162
Q

what was good about colonies

A

good way of controlling population growth and political competition

163
Q

who were the phoenicians

A

people who lived where israel and syria are now

164
Q

where was the phoenician colony

A

cartia? in south africa

165
Q

when was the introduction of the hoplite phalanx

A

7th century BC, it helped create a spirit of equality in the army

166
Q

7th century BC was intense competition between

A

city states and in the polis between the classes as well

167
Q

what did solon eliminate

A

debt salvery

168
Q

who/when was kleisthenes

A

508 BC, he further reformed the government of athens in the direction of democracy. he was after draco and solon.

169
Q

6th century is also known as

A

invention of democracy

170
Q

when did the cities of ionia(in greece) rebel against persian rule, what was this known as

A

5th century. Ionian revolt. athens sent aids to the rebels

171
Q

what did persian king darius I do

A

invaded greece, but he was defeated

172
Q

when did the persian wars take place

A

449 BC

173
Q

who won the persian war

A

athens(greece)

174
Q

who was the persian war between

A

persia and greece

175
Q

when phillip II of macedon was murdered in 336, who became king

A

alexander

176
Q

who was particularly famous for speaking out against the macedonian king(phillip II)

A

demosthenes

177
Q

what was the hellenistic period a time of

A

sophisticated learning

178
Q

when did achaean confederacy rebel and against who, who won

A

against rome in 146 BC. rome defeated corinth(greece)

179
Q

when was the foundation of rome

A

753 BC

180
Q

what was the regal period

A

period following the foundation of rome

181
Q

when did the greek colony tarentum enlist the aid od pyrrhus of epirus to resist roman conquest. who won

A

208 BC, rome defeated pyrrhus and captured tarentum, completing the conquest of italy

182
Q

pyric victory means

A

to win the battle but lose the war

183
Q

what did lives andronicus do

A

translated the odyssey into latin. he was a tarentum slave in rome after the war with pyrrhus.

184
Q

punic is short for

A

phoencian

185
Q

who was pompey/what did he do

A

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

186
Q

what were cicero and cato

A

socially and economically conservative, they tried to keep power in the hands of wealthy as a class

187
Q

what was the last major battle of roman civil wars and when

A

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

188
Q

who was augustus

A

first roman emperor

189
Q

what was the augustian period the beginning of

A

the pox romata - time of peace after civil war

190
Q

what is self help

A

someone who was wronged takes vengence

191
Q

what does nomos mean

A

common law

192
Q

what does thesmos mean

A

civil law

193
Q

what does areopagus mean

A

it was a council of elders known by the name of their meeting place, areopagus means “the hill of ares”

194
Q

greek word for household

A

oikos

195
Q

greek word for head of a household

A

kyrios

196
Q

what was nautodikai

A

judges of sailors

197
Q

what was xenodiaki

A

judges of foreigners

198
Q

boedromion

A

september

199
Q

mounikhion

A

april

200
Q

what contribution did kleisthenes have to the law

A

citizens could propose a new law to the boule(council of 500)

201
Q

when was solon and drakes homicide law on strong inscribed

A

410-403 BC

202
Q

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

a public arbitrator

203
Q

private cases

A

dikai idiai / dikai

204
Q

public cases

A

dikai demosiai / graphi

205
Q

what was done to discourage sycophancy

A

if the prosecutor failed to get at least 20% of the jurors to vote for him he was fined 1000 drachmas

206
Q

what year did the law require witness statements to be submitted in writing

A

375BC

207
Q

what does hubris mean

A

outrage

208
Q

what does asebeia mean

A

impiety (non religious)

209
Q

greek word for battery

A

dike aikeias

210
Q

greek word for imprisonment

A

dike heirgmous

211
Q

greek word for defamation

A

dike kakegorias

Classics 2301 (1 decks)

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