Roman Law

Question 1

characteristics of Roman law

Answer 1

it was formalistic. essentially private law (including most criminal law) which had evolved in the practice of jurisdiction, legal advice and jurisprudence.

Question 2

law in practice

Answer 2

it was the praetor who dismissed or allowed a claim. no public prosecutors existed. at the beginning of their term the praetors would make clear what types of trials and procedures they would allow (praetor’s edict). this led to a constantly expanding collection of edicts.
praetor got his advice from consilium of legal experts.
in Rome citizens could appeal to a higher court. appeal cases became the emperor’s responsibility (popular assembly -> courts of justice -> emperor). emperors had a lot of help in this work.

Question 3

different courts

Answer 3

extortion cases (established in 149 BC), another five permanent courts were established under Sulla for poisoning, embezzlement, violence (c. 80 BC).

Question 4

justice for different social classes

Answer 4

there is a noticeable distinction in administration of justice to different social classes. slaves could be tortured under interrogation but nobody else could. Roman law increasingly became to discriminate between the honestiores and humiliores.