Seminar Two - Roman Legal System and Litigation Flashcards
What is the connection between codes and curses in Roman history?
Romans used magical lead tablets (curses) alongside formal legal codices to invoke supernatural forces for personal disputes, often as part of litigation or personal vendettas.
What was the role of Roman advocates in the courtroom?
Roman advocates were primarily expert orators rather than legal experts. They often relied on personal attacks rather than legal arguments and were advised by jurists for legal expertise.
Who was Marcus Tullius Cicero, and what was his courtroom technique?
Cicero was a famous Roman advocate known for attacking the character and morality of his opponents, using personal insults and slanders to win cases rather than focusing on the law.
What were the three Roman legal systems that developed over time?
The actio legis (earliest form), formulary system, and cognitio (later and closest to modern legal systems).
What was the actio legis system, and who could use it?
Actio legis was the earliest form of Roman litigation, available only to Roman citizens. It was ritualistic, formal, and primarily a private matter with minimal state involvement.
What was the role of the praetor in Roman trials?
The praetor oversaw the preliminary hearing, ensuring that the rules were followed. They did not decide the case but helped select a judge and approved the formulae for the trial.
What were the three types of actions-at-law in the actio legis system?
Sacramentum (oath-based, standard form), Postulatio (complaint, used for contracts and inheritance disputes), and Condictio (recovery of money or property).
What was manus iniectio in Roman law?
It was a method of enforcing a judgment, where a creditor could physically seize a debtor who failed to pay within 30 days and bring them to a magistrate.
What happened if a debtor was unable to pay their debt after 60 days?
Before 326 BC, creditors could sell the debtor into slavery or even kill them. After the Lex Poetelia, creditors could imprison the debtor and make them work off the debt.
What was pignoris capio?
A process where a creditor could seize a debtor’s property if certain debts were unpaid, such as wages for soldiers or unpaid taxes, often involving the state’s interests.
What was the formulary system in Roman law, and who could use it?
The formulary system was a more flexible, informal litigation process developed for non-citizens (peregrini). It used standardized written pleadings and eventually became popular among citizens.
What was a formula in the formulary system?
A legal document outlining the basis for litigation, including clauses such as nominatio (judge selection), intentio (claim), and condemnatio (power to condemn or absolve).
What was the cognitio system, and how did it differ from earlier Roman legal systems?
Cognitio was an investigation-based system where a professional magistrate led the trial, interrogated witnesses, and issued a written judgment. It also allowed for appeals, unlike previous systems.
What was the significance of fideicommissa (trusts) in the cognitio system?
Fideicommissa were informal requests in a will, and Augustus mandated that trusts be judged by magistrates. This led to the extension of the cognitio system to resolve these disputes.
What was the main limitation of the actio legis system?
It was highly ritualistic and archaic, unsuitable for a large and complex society like the Roman Empire, leading to its eventual replacement by the more efficient formulary and cognitio systems.
