Sources of Roman Law

Question 1

4 types of constitutions and when enacted

Answer 1

Early 200AD

• Responsa
• Edicta
• Mandata
• Decreta

Question 2

Responsa

Answer 2

Statements of law in regards to questions

Question 3

Edicta

Answer 3

Formal legislation, only one with leg. power though others have authority

Question 4

Mandata

Answer 4

Administrative leg.

Question 5

Decreta

Answer 5

Decisions with emperor sitting as judge

Question 6

Interdict

Answer 6

Order to do this or not

Ability to dispose of issue without trial

Question 7

The edict

Answer 7

Issued beginning year of office

Main body usually carried over, so in substance a leg. doc.

Question 8

When was the edict for citizenship to all free people enacted?

Answer 8

212AD

Question 9

Ius Respondedi

Answer 9

Responsa w/ legal authority

NICH. argues was Octavian’s means of distinguishing prominent jurists as iudex would follow them

Question 10

Sabinian and Proculian schools

Answer 10

No ultimate distinction

Died out around 2nd AD

Question 11

What did Lex Aebutia do?

Answer 11

150BC: Created the formulatory system

• Praetor would respond to litigants with written formula instructing iudex which verdict to reach
• New remedies treated as expression of old law

Question 12

What happened to the Praetor’s power in the early Republic?

Answer 12

Legis actiones system
Appear before magistrate with limited no. actions available
No creative role for praetor

Question 13

Edictum Perpetuum

Answer 13

Hadrian commissioned Julain to make final praetorian edict that could not be altered in AD 135
Terminated praetor as source of law
Ius honorarium continued through juristic interpretation

Question 14

Law of citations

Answer 14

AD 426; singled out writings of Papinian, Paul, Ulpian, Modestinus, and Gaius

Question 15

Senatusconsulta

Answer 15

Senate’s resolutions; rarely ignored
Mere advice to magistrates though usually empowered via edict
AD 160 had force of lex
Later lost influence in Dominate

Question 16

XII Tables

Answer 16

450 BC Publishment not of a new system but of an existing one, sort to quell Plebeian discontent

Question 17

Plebiscite

Answer 17

• Enactment of concillium plebis, binding only on Plebeians

- 287BC Lex Hortensia extended to all

Question 18

Lex

Answer 18

• Enactment of comitia, gave assent to magistrate

- Introduction of Praetorial edict limited its role

Question 19

Ius Gentium

Answer 19

Worldwide Legal rules

Question 20

Ius civile

Answer 20

Statutes and customs; oral traditions

Question 21

Structure of formula

Answer 21

• Nominatio: iudex appointment
• Condemnatio: Clause directing judge’s decision
• Demonstratio: Clause stating facts (only actions in personam)
• Exceptio: D raising a specific defence
• Praescriptio: Clause for limiting scope on action i.e. limiting litigation to first payment