Terms until midterm Flashcards
1
Q
album uidicium
A
list of authorized senators to judge cases
2
Q
Mos maiorum
A
ancestral custom
3
Q
pontifices
A
roman priests
4
Q
patricians
A
roman nobles
5
Q
plebeians
A
roman riff-raff
6
Q
12 Tables
A
Written laws based on Solon demanded by Plebs due to inconsistency. Foundation of civil law, 449 BC
7
Q
lex
A
law
8
Q
ius
A
right
9
Q
maiores magistratus
A
consul, praetor, praetor urbanus, praetor peregrinus
10
Q
minores magistratus
A
aedile, quaestor
11
Q
imperium
A
power, authority, order troops
12
Q
coercitio
A
The right to compel citizens to obey by punishment
13
Q
fasces
A
bundle of rods carried by lictors (cops)
14
Q
curses honorum
A
career path of senators
15
Q
censor
A
Magistrate in charge of census and morality for up to 5 years
16
Q
tribune of the plebs
A
1 of 10 elected to office for 1 year, right to veto senate, leader of Consilium Plebis
17
Q
senate
A
mostly advisory council of patricians starting at 300 to 1200 members, called by magistrate, vote by sit.
18
Q
senatus consultum
A
senate directive, non-binding.
19
Q
senatus consultum ultimum
A
Grants powers during emergencies to magistrates, suspens civil rights, used 10 times.
20
Q
Comitia Centuriata
A
vote by wealth, capital cases to 200 BC, all legis to 218 BC. Most important, enacted 12 Tables, voted in maiores magistrates
21
Q
Comitia Tributa
A
divided by tribes, same people as Centuriata, 4 urban, 31 rural. Lesser magistrates, routine legislation
22
Q
Concilium Plebis
A
Pleibian assembly, became dominant assembly. Like all comitia, accepted or rejected legislation debated prior in Senate. Did not amend, nor propose.
23
Q
plebescita
A
Decisions of Concilium Plebis, force of law since Lex Hortensia 287 BC
24
Q
jurists
A
Wrote interpretation of laws. 70 named. Statesmen learned in law. Asked opinion by praetors, iudex. ius respondedi certified by Emperor.
25
ius respondedi
Jurist advice on a case who was sanctioned by the Emperor.
26
decreta
Emperors judicial decision that set precedence and stored in archive. Later a binding precedence.
27
edicta
Imperial edicts applied everywhere and were in force until rescinded unlike magistrate that lasted 1 year. eg. Edict on prices 301 AD
28
rescripta
epistulea were advice letters to office holders and subscriptiones were responses to a petition by a private citizen. Rescripta was written by jurists on behalf of the emperor.
29
mandata
Detailed administrative instructions from the emperor to governors and proconsuls.
30
vituperatio
ritual abuse at trial
31
legis actio(nes)
Earliest "court", based on rigid statute (12 tables). Disuse by Late Republic.
32
litis contestatio
At completion of complaint by either Condictio, Postulatio or Sacramentum, Jeopardy attached at joinder.
33
recupatores
3 - 5 judges appointed by praetor. Handled delicts (private crimes, theft, injury) quickly resolved and enforced by state.
34
litigatio per formulae
Started with peregrine praetor in 242 BC for foreigners then by lex Aebutia ~150 BC. Uses a standardized format for pleadings.
35
cognitio extraordinaria
Under Augustus, magistrate could adjudicate, investigate case.
36
in iure
preliminary hearing in front of praetor of sacramentum, postulatio or condictio the litis contestatio then appointment of judge.
37
actio iudicati
Lawsuit to enforce a judgement
38
apud iudicem
"Before judge" 2nd part of legis actiones trial in public place
39
formula
Document that contained all the law and facts in a set manner. Nominatio, Intentio, Condemnatio, Demonstratio, Exceptio and Praescriptio
40
Nominatio
Assigning a judge in a formula trial
41
Intentio
Plaintiff statement of claim
42
demonstratio
in personam (obligation) only statement of facts for claim
43
Exceptio/Replicatio
Specific defense by defendent (not just denial). Replicatio is plaintiff response. Can go on.
44
Praescriptio
Clause to limit action so further litigation is not prevented by litis contestatio.
45
centumviri
100 men. High civil (legis actiones) court met in Basilica Iulia. Inheritance, guardian, new land, party walls, building shade, eve drips.
46
unus iudex
single judge
47
Perduellio
Treason, open gates to enemy, criminal
48
Maiestas
Treason, diminish magesty of Rome
49
ambitus
illegal election activity (bribes)
50
provocatio
Appeal to people against magistrate via Comitia Centuriata
51
quaestiones perpetuae
Standing courts. 1st one to hear provincial extortion cases starting 80BC
52
quaestio de repetundis
Standing court for provincial extortion 149 BC
53
quaestio de adulteriis
Augustus standing sex court
54
infamia
punishment that excluded right to hold office, advocate, vote, or bring criminal accusations. Often intestable, unable to convey property, make will, witness.
55
sui iuris
in one's own law, not in potestas
56
alieni iuris
in another's law, subject to potestas
57
patria potestas
Power/authority of a pater familias
58
pater familias
Oldest male of a familia
59
agnatio
Bloodline on father's side
60
ius vitae et necis
Power of life and death (over child/slave)
61
peculium
Money or property for the use of a person under power (slave/child)
62
peculium castresne
Property/money acquired during military, later public, service. Not subject to potestas.
63
emancipatio
Breaking of agnatic line, child becomes sui iuris. Sold 3 times and manumitted for first 2 per 12 tables.
64
adoptio
Child joins new agnatic line and potestas with intestate rights. If emancipated by adopter, intestate rights return from natural family
65
adrogatio
Adoption of sui iuris male. Extinguishes family of adoptee. Possible only if adopter was 60, childless and unlikely to have any. Comitia curiata presided.
66
manumission censu
Slave enrolled in census with consent of censor. Died out in Early Empire with census.
67
manumission vindicta
Formal ceremony of manumission in front of magistrate and adsertor libertatis (often lictor)
68
manumission testamento
Manumission through a will. Had to be express but implied by Justinian. Clearly identified. Often conditions attached.
69
Lex Fufia Canina
Augustan law restricting manumissions up to 100 from a will. 2BC
70
Lex Aelia Sentia
4 AD Augustan law set up council for manumissions. Voided manumissions by masters under 20. Slaves under 30 couldn't except for good cause. Defrauding creditors disallowed.
71
dediticii
Free but never citizen. Status of freed slaves with criminal past or from communities who took arms against Rome. Excluded from 212 citizen grant and within 100 miles of Rome.
72
Junian Latins
Informally manumitted slaves, defective manumission (under 30) granted commercium, limited testamenti factio (only in trust) and no conubium. Freedman duties still expected. Limited citizen, estate went to master.
73
Obsequium
Duty of respect and care to old master. No criminal proceedings/civil action against nor defence from suit by master. Financial assistance if master became poor and no competing trade.
74
operae
Reasonable services owed to ex master agreed at manumission if not ill or had 2 children
75
Tutela
Guardian to protect estate while child was impubes or a woman.
76
tutor legitimus
Nearest male agnate if not specified in will. Could not be refused.
77
tutor testamentarius
Tutor specified in will. Could be refused.
78
tutor dativus
Magistrate could appoint if no other option. Duty to apply, mothers and freedmen for ex master's children.
79
administratio
Taking care of ward's basic needs, food, shelter, education, etc. most important before 7 years.
80
actio tutelae
Legal action against tutor for dolus (fraud) and later included mismanagement. Infamia.
81
cura minorem
Curator of a minor. After 14, boys were sui iurus but had protections that could be abused to break contracts. Curator approval allowed surety of contract.
82
cura furiosi
Temporary curator (agnate or gens) for insane person. Ended when sanity came back.
83
cura prodigi
Curator of prodigals/spendthrifts. Prevented will making and sale of estate assets
84
Tutela mulieris
Lady tutor after 12 years of age for rest of life.
85
affectio maritalis
Intention to marry. Evidence of which was vital to proof of marriage.
86
Manus
Hand. Like potestas over child from new family paterfamilias. No contracts, etc., but he could not kill or sell her, noxally surrender her or send her to be adpoted.
87
confarreatio
Sharing of bread. Religious ceremony by rich people. Manus.
88
Coemptio
Bride purchase. Wife sold herself with permission of paterfamilias or tutor. Manus
89
Usus
Common law marriage. Most show marriage intention. If she left for 3 nights a year, free marriage, no manus.
90
Sine manu
Without hand. Free marriage, wife remained under own paterfamilias. No gifts allowed.
91
Lex Iulia de adulteriis
Augustus 18 BC. Adultery by wife criminal. Could not marry lover after divorce, half dowry forfeit, possible loss of citizenship and sent to island. Lover sent to mines. Harsh.
