Midterm practice Questions

What is the difference between ‘fas’ and ‘ius’?

Fas refers to divine or religious law, while ius refers to human or civil law. Under the Roman Monarchy, these two types of law were closely intertwined.

Was the difference between plebeians and patricians relevant to the Law of the Twelve Tables?

Yes, it addressed conflicts between the two classes by providing equal legal protections, helping to balance power and reduce class tensions.

Why was the Law of the Twelve Tables important?

because it was Rome’s first set of written laws, ensuring that both patricians and plebeians had clear legal rights and obligations.

What was the role of the priest in creating law under the monarchy?

Priests played a key role in administering justice, as law and religion were not separated. They interpreted religious customs (fas) that influenced civil law (ius).

Who could submit initiatives to the Popular Assembly in the Roman Republic?

by the Senate and the Plebeian Tribune.

What measures were taken in the Roman Republic to avoid the concentration of power in one man?

Magistracies were time-limited (often one year), and power was divided among multiple officials with veto powers to prevent the accumulation of excessive authority.

What were the two main types of Praetors

Praetor Urbanus (for Roman citizens) and Praetor Peregrinus (for foreigners).

What did Praetors have significant roles in?

creating new law, as they interpreted existing laws and applied them to new cases, sometimes extending or modifying them.

in legal procedures, particularly in the process per formulas (legal procedure involving written legal formulas).

What were the per formulas phases

• Phase I (In iure): The praetor played an active role in framing the legal question or formula.

• Phase II (Apud iudicem): Lay judges heard the facts and decided the case.

• Legal procedures were oral and public, with a focus on procedural and substantive remedies.

How did Praetors create laws?

by issuing edicts that outlined how they intended to apply and interpret the law during their tenure, effectively creating new legal precedents.which provided legal frameworks for how they would decide cases during their term. Although the praetor's decisions were case-by-case (ad hoc), their edicts provided a certain degree of predictability.

Was there legal certainty under the praetors?

While praetors worked on a case-by-case basis, their edicts provided a level of predictability for parties, giving them some insight into how future cases would be handled

What is the importance of the Lex Aquilia?

The Lex Aquilia was a key law providing compensation for property damage, marking a significant development in Roman tort law by formalizing the liability for wrongful damages.

What was the ‘formula’ in Roman law?

was a set of written instructions provided by the praetor to the judge in a lawsuit, outlining how the legal issue should be decided based on the facts.

How did the praetor's role influence legal proceedings?

by creating the formula for each case, deciding what issues should be addressed, and setting the legal parameters for the judge’s decision.

What does princeps mean?

"first among equals." This term was used to emphasize the emperor's role as a leading figure without seeming to have total control.

Was the Emperor a new ‘officer’ of the Roman state?

No, the emperor was not considered a new officer. The role of princeps evolved without officially creating a new title or office. Emperors retained traditional republican offices and powers, such as tribunicia potestas (tribune powers) and being the head of the senate.

How does ius respondendi contribute to the creation of new rules of law?

Legal opinions issued under ius respondendi helped in shaping Roman law, especially through case law, as judges would often base their decisions on these jurists' authoritative opinions.

Consequences of granting Roman citizenship to every free man in 212 CE (Constitutio Antoniniana)?

By extending Roman citizenship to all free men, the legal framework of the empire became uniform, and every citizen was entitled to the rights and obligations of Roman law. This increased the influence of Roman legal institutions across the empire.

Was classical legal science (Late Republic – Principate) conceptual or abstract?

was known for being practical and case-based (casuistic), rather than being highly abstract. It focused on solving specific legal problems through detailed analysis of real cases.

What does it mean that classical legal science is practical and casuistic?

This means Roman legal experts worked by studying and interpreting specific cases to create general rules. The approach was grounded in applying legal principles to practical situations rather than developing overarching theories.

What were the key changes in governance during the Dominate

The shift to a more centralized state under the Dominate included a strengthened bureaucracy, more rigid social structures, and greater involvement of religion (especially Christianity) in state affairs. The capital moved to Constantinople, marking the dominance of the Eastern Empire.

what were the 3 sources of Law during the Dominate

• Imperial Legislation: Constitutiones imperiales were decrees or laws directly issued by the emperor.

• Courts: The cognitio procedure became a more formalized court system, with the emperor holding final judicial authority.

• Legal Science: While legal interpretation continued, problems emerged with the consistency of rulings and interpretations from jurists.

What were the problems with Law and Solutions

• The increasing complexity of legal science and conflicting juristic opinions led to confusion. One solution was the Lex Citandi (Law of Citations), which dictated which legal scholars' opinions could be cited in court. This helped standardize legal interpretations.

• Later, codification projects under Emperor Justinian (Codex Justinianus) unified and streamlined Roman law.

Possession vs. Ownership

Possession refers to the factual or civil control over a thing, while ownership is the ultimate legal right to it.

Marcus finds an abandoned horse in the forest and takes it home. What method of acquiring ownership might apply in this scenario?

Occupatio could apply here. If the horse was truly abandoned (ownerless), Marcus, by taking possession of it, could become the owner.

Livia lends her silver goblet to Sextus for a feast. Does this transaction involve traditio?

Yes, this transaction likely involves traditio because there is a physical handover of the goblet. However, it likely only transfers possession, not ownership, as Livia intends to get the goblet back after the feast. This demonstrates how the animus (intention) behind the traditio is crucial in determining what rights are transferred.

Flavius claims his neighbor, Drusus, is wrongfully occupying a strip of land that belongs to Flavius. What legal action could Flavius pursue, and what would he need to prove

Flavius could use the Rei Vindicatio to reclaim the land. He would need to prove that he is the rightful owner of the land under ius civile, which might involve demonstrating a chain of valid transfers of ownership.

What is the difference between usufruct and usus?

Both are personal servitudes, but usufruct grants the right to use the property (e.g., a field) and enjoy its fruits (e.g., the crops from the field), while usus only allows for use (e.g., walking across the field) but not the fruits.

Think back to the flooded garden and a wildfire examples concerning the extinction of usufruct. Why might these scenarios lead to legal disputes?

These scenarios raise complex questions about whether the usufruct is truly extinguished. In the flooded garden case, Lucretia's inability to use the garden wasn't her fault but due to an external factor. The source implies this might not be a straightforward case of extinction by non-use. Similarly, in the wildfire example, while the fire destroyed the forest, it's unclear whether Lucius' right to use the land itself is extinguished. The outcome would likely depend on the specific legal arguments and interpretations of the situation.

Who can start an interdict?

Whoever disturbs the possession