ROMAN LAW

Question 1

Actus reus:

Answer 1

criminal act; an essential element for a crime in Roman law. An attempt to commit a criminal act could constitute as actus reus. Treasonous speech, defamatory speech, perjury, forgery, false pleadings (and other false communications) could be constituted as actus rea.

Question 2

Absolvo

Answer 2

acquittal

Question 3

Ad agendum

Answer 3

to prepare a case for the court (Latin meaning: agere is the verb used to plead a case before the court)

Question 4

Ad cavendum

Answer 4

to draft documents; the process of drafting written formulae for lawsuits or business transactions.

Question 5

Ad respondendum:

Answer 5

To answer legal questions and give legal advice; the private function of a lawyer to explanation to a praetor, aedile, judge, or layperson what a particular law meant.

Question 6

Apud iudicem:

Answer 6

the time a case would be heard by a judge.

Question 7

Civis:

Answer 7

Latin for citizen.

Question 8

Cognitio extraordinario / Cognitio extra ordinem

Answer 8

an extraordinary procedure in which the emperor, magistrate, or a delegated official would hear the entire case combining the in iure and apud iudicem phases. There was no distinction between the in iure and apud iudicem phases. This procedure was used in the Post-Classical period.

Question 9

Condemno:

Answer 9

a conviction

Question 10

Condemnatio:

Answer 10

This is another part of the typical formula. It is the instruction to judge to either find the defendant liable or not based upon an application of the formula to his findings of fact.

Question 11

Cursus honorum:

Answer 11

A regular order of elected offices which was established after the Second Punic War.

Question 12

Decreta:

Answer 12

Legal decisions rendered by the emperor in any given case that had been brought before him.

Question 13

Delictum

Answer 13

crime or unintentional tort

Question 14

Dolus:

Answer 14

criminal intent

Question 15

Edictum perpetuum:

Answer 15

Julianus, the jurist under the reign of Emperor Hadrian (117-138 CE) put the praetorian and aedilician edicts into their final forms. Later classical Roman jurists referred to Julianus’ frozen version of the praetor’s edicts as the edictum perpetuum and considered it established law.

Question 16

Imperium:

Answer 16

The power to command

Question 17

In iure

Answer 17

(literally, “in accordance with the law”): The first stage of the three chronological phases in Roman law.

Question 18

Iniuria

Answer 18

(personal injury): An injury to one’s reputation, dignity, honor, or bodily integrity. It applied to a variety of offensive conduct.

Question 19

Institutiones:

Answer 19

an official textbook on Roman law and a functional code that could be consulted for subsequent decisions.

Question 20

Intercessio

Answer 20

Veto power against magistrates of equal or lower status.

Question 21

Iudex:

Answer 21

Latin for “judge”. One of the most important officials involved in the development of the legis actiones system.

Question 22

Ius gentium:

Answer 22

Literally, “law of the peoples/nations”. The praetor peregrinus used this law between a Roman citizen and a foreigner or between two foreigners who were involved in a dispute on Roman soil.

Question 23

Ius honorarium:

Answer 23

The law that resulted from the praetors’ edicts. It was used to distinguish law based on the praetor’s edict from more formal legislation.

Question 24

Ius privatum:

Answer 24

: included rules of property, succession, contracts, and laws relating to the family; deals with the interests of separate persons (according to the Roman Jurist Ulpian).

Question 25

Ius publicum:

Answer 25

a body of laws that deals with interests of the entire community (according to Roman Jurist Ulpian).

Question 26

Ius respondendi ex auctoritate principis:

Answer 26

(sometimes referred to simply as the ius respondendi); the law of responding from the authority of the princeps (emperor).

Question 27

Leges:

Answer 27

statutes adopted by the populus romanus; designed to honour the honour the mos maiorum.

Question 28

Legis actiones:

Answer 28

The early form of civil procedure; “suits/actions of law”.`