dcc trad history to codification + class notes, materials, and review ppts on common law and philosophers

describe the founding of Rome

753 BC, six kings were to suceed each other,

patricians revolt in 509 BC to establish a republic (res publica)

formed an aristocracy, plebeians lower class were the larger group deprived of privileges and legal protection

what was the law applicable at the time of the start of the Roman republic

unwritten law, transmitted orally from the Pontiffs (

what did the pontiffs do and what period

start of the Roman republic administered the customary law through their own interpretation of what they considered to be the prevailing customs, iased against the plebians

what was the first assembly devoted to the plebians giving them some rights

concilia plebis: were empowerd to issue laws or plebiscita, only for the governance of other plebians

462 BC led by officials of the concilia plebians the patricians created decem viri charged with what?

incorporating the customs in some written form for all to be able to see the first set of 10 tables wree displayed giving the plebians a new "jus" = set of laws

origin of the word civil

civis = citizen

law of the roman citizen

jus civile

law applicable to the peregrinus

jus gentium (law of nations)first written listing of royal edicts

first written laws (1792-1750)

Code of Hammurabi, attempt to unify Mesopotemia, put in simle language in markets could be read by all

what happened after the decem viri created the first 10 tables

two more were added and all of them were engraved and the assemblies of the people (comitia) passed them into the law

what were the 12 tables

the first piece ever of any legislation to be adopte d by the people of the Roman Republic marking the beginning of legislation becoming a source of law for the citizens

what was the purpose of the 12 tables

formally recognize that the citizens had some rights and means of having the rights enforced

when did praetorian law emerge

367 BC when the praetor urbanus was createed multiple praetors were created with a hierarcy of authority within them -> praetor maximus and senior praetors over junior praetors

rank the govenering authorities during the Roman republic

1) Consuls (2) Praetors

what was the praetors job (broad)

administration of the judicial system (administration of the jus civile)

could the praetor urbanus be a plebeian

yes

what was the term of the praetor

one year

what was the praetor vested with that allowed them to publish binding edicts? What did the praetors edicts contain?

jurisdictio imperium, edicts contained a list of remedies he had granted during his tenure it becam customary for each praetor to include in their edict the list of remedies by his predecessors

why did the praetor's edicts stop growing?

Hadrian (130 AD) instructed Julien to issue a consolidated version of all the edicts the Perpetual Edict

what is a system of law (roscoe pound)

a taught tradition of ideals, method, doctrines and principles, continuous as long as the course of teaching remains unbroken

roscoe pound: the common law is a system of this sort, a tradition...

of taught law, continuous in England from the establishment of an organized teaching in the Ins of Court to the decay of that teaching in the sixteenth and seventeenth centuries and then as remade in the age of Coke, continuous in the several lands of teh English speaking world from the seventeenth century

what was the effect of the perpetual edict (class notes)

put an end to the creation of new formula (parallels to the end of new writs with that was caused by the Magna Carta and the statute of west minister)

what phase of litigation was the praetor in charge of? What was the Praetor's task during this phase?

first phase the in jure phase, deliniate the parameters of the particular type of action brough before him, parties would appear to lay out the facts assisted by a jurist (legal scholar), the praetor would declare the law (ius dicere) in a formula which was like a program of directive by means of which the praetor would selects a judge (judex) and instruct the judge as to the solution that he should adopt (formulary procedure)

what were the edicts of the praetor known as

jus honorarium: introduced the law (praetors had the right to expand the law)

gaius institutes structure

people, things, actions (inspired French Civil code and Louisiana)

preator gave the formula to who

judex

who was the judex

judge who applied praetors formula, was a lay person selected amond the patricians

latin for written law

jus scriptum

latin for unwritten law

jus nonscriptum

when was the roman empire principate (class notes)

31 BC-280 AD (senate lost power began the transition into the dominate)

what was the judex called when the partie were one a citizen and the other a foreigner-peregrinus

recuperator or reciperator

what year was the praetor peregrinus established

242 BC

who was the jus geneium applicable to

Roman citizens and non-citizens (same as jus naturale)

the praetor and the judex were acting in _______ and this is similar to ______

tandem filling the gaps of the law similar to the courts and jurists in civil law systems of France and louisiana

explain the similarity between the praetors and the writ system

the jus civile, as a set of rigid forms of action (legis actiones) with the jus edicendi or praetorian law developed by the praetor and the origin of the writ system at common law which became a rigid system of actions until it merged eventual with "equity" as created by the Chancellor of England who acted very much like the Roman praetor in the formulary system

what was the time period of the monarchy in Rome

753 - 509 BC

when was the senetus consulta given the force of law in Rome

emporer Hadrien

what did the senate do

issued senatus consulta before Hadrian were advice to the praetors but with Hadrian became legislation

what were the other sources of law in Rome beside the 12 tables and the senatus consulta

lex

what was the lex in rome

the lex was voted upon and adopted by comitia of the Roman people

what was the comitia centuriata

gathered roman citizens on the basis of their being devided on the account of their wealth in groups on 100s

what was the comitia tributa

reflected a division of the citizens on the basis of the territory of a district

what was the comitia curiata concerned with

matters of wills and family law

what was the concilium plebis

started as an assembly of the plebeians and provided for the plebians acted under the leadership of its representatives the tribunes who were elected for one year and required ot act by common consensu

what were the enactments passed by the concilium plebis

plebis scita

when did the plebis scita become binding to nonplebians

lex Hortensia of 287 BC gave the force of law to the plebis scita over all Roman citizens

what was the Lez Aquilia

passed by the legislation of the pleians in 287 BC became the foundation of the law as delicts in French an LA CCS

what were the jurist consultus and when did they appear

200 BC lay practitioners of the law

what do we refer to juris prudentia as today

legal scholarship, doctrine, writing or the work of those wise in the law

what did the juris consults do

gave consulations on issues of the law to thos who called upon them. was asked to respond by rendering an opinion

what was the job of the roman advocatus

handling a case for the client before the praetor and judex

where the advocates allowed to receive fees from their clients in rome

NO

what is the connection between the juris consults and the making of the civil law in the 11th and 12th centuries

both jurists has an equally fundamental role inc reating the law

what was the amin agency of legal development in the roman classical period

literature produced by the jurists in the imperial service and private practice

what did emporer augustus do for the jurists

granted certain jurists the right to give opinions with the emperor's authority

what did hadrian lay down in relation to the jurists

if the opinion of all the jurists with this right were in agrement what they held was to have the force of a lwx

what were the characteristics of the jurist law of the classical period

(1) continuous succession of inidividuals all dedicated to the law and each familar with and building on the effors of predessesors whose views they cited (2) they alone could be said to have comprehensive knowledge of private law (3) jurists were concered with everyday practice of the law andd could recognize when modification or reform of the rules were needed (4) enjoyed complete freedom to express divergent opinions

what jurists were at the climax of the Roman classical period

Papinian, Paul , and Ulpian

what office did Papinian, Paul, and Ulpian hold in the classical period of roman law

highest imperial office praetorian perfect, they were the emperor's principal legal officers and chief of staff

Who had most influential work of the time of the classical period of roman law climax

Gaius

what are Gaius's institutes

are an impressive systematization of roman law. original, comprehensive and concise format of divisions of concepts in a logical and systematic order

similarities between Gaius's institutes and the 19th century European jurists charged with codifying the law

original, comprehensive, concise format of divisions, decreasing in scope and breadth, logical and systematic order

Gaius quote about civil law

The law which a people establish for itself is peculiar to it, and is called jus civile, as being the special law of that state while the law that naturual reason establishes among all mankind is followed by all peoples alike and is called jus gentium as being the law observed by all maning

what were the laws of the roman people at the time of Gaius

leges, plebiscites, senatusconsults, imperial constitutions, edicts of those possessing the right to issue them, and answers of the learned

go to page 19 for comparisons

go read them rn!

what period was the roman empire divided in and year

\dominate 395 AD

capitals of the divided roman empire

western = rome
eastern = constantinople

when did christianity become the official religion of the roman empire and what edict made it lawful to practice christianity

emperor Theodosius I in 378 and Edict of Milan

what was the most important source of law during the dominate

the emperor being the dominus

what did the codex gregorianus and hermogenianus include

imperial constitutions promulagated

what was the law of citations and what year was it passed

426 stated that from then on the works of only 5 jurists could be cited in courts: Paul, Ulpian, Papinian, Gaius and Modestinus

a civil code is a particular form

or expression of the legislator's will and a particular kind of statute

under the law of citations how did the judge have to decide

the judge had to add the concurring or somewhat identical opinions of Paul, Ulpian, Papinian, Gaius, and Modestinus and the majoriyt of the same opinions was to become the law of the case. If the opinions were divided on the same issue and no majority could be ascertained Papinian's opinion was to be adopted as the law of the case

When was the Codex Theodosianus promulgated

438

what was the codex theodosianus

eight jurists worked together for 9 years the codex was included imperial constitutions promulgated by the emperors Constantine to Theodosius II (sixteen emperors and 126 years of legislation. COntains rules on public law and ecclesiatical law. Roman law contained in the form of text was considered the exclusive source of law for the type of law covered

what century did the western empire gradually fall to the control of the Germanic tribes

5th century

What germanic group ientered into Italy in what year under what leader

Visigoths entered Italy under the leadership of Alaric saccking the city of Rome in 410

where did the Saxons invade

Britian

after the visigoths moved into intaly where did they move to

they settled in the southwest part of France and further south in spain

where was the visigoth capital

Toulouse

where did the burgundians settle their capital

worms

where did the ostrogoths occupy

some parts of southeastern france and part of itally

what year did the last emperor of the western empire give up his throne

476 and the Germanic kingdoms in the Gaul and Spain became independent

what landugage where the barbarian codes written in and what was their purpose

latin allow their Roman subjects to continue to live under the legal sustem that had been theirs until then.

what was the first of the barbarian codes

Edictum Theodorici of Kind Theordoric king of the Ostrogoths

when was the Edictum Theodorici issued and where

460 in the southwest part of France

what were the sources of law of the Edictum Theodorici

Roman Law (Codeex Gregorianus, Codex Hermogenianus, and codex theodosianus) and incorporated the writings of paul, papinian, and gaius

what code did King Alaric II promulgate and when

506 Lex Romana visigothorum

what did the Lex Romana Visigothorum consist of

Theodosian Codex, imperial constitution, and a simplified version fo Gaius' Institutes

What code did the Burgundians promulgate and what king

LEx Burgundionum by King Gundobad

what was the main source of law in the kingdoms that replaced the empire from the 6th century to the 11th

Visigothic Roman Law

while the western empire was falling what was happening in the east

flourishing under Justinian

describe justinian

a learned and versatile man, an energetic commander of its armies, an art lover and a highly skilled administrator determined to restore the empire to its former glory

what did Justinian order in 527

that a codex containing the still relevant constitutions of his predecessors be put together

who did Justinian appoint to draft his codex

10 jurists including Tribbonian, Julian, and Theophilus

when was Codex Justinanus published

529

what was the codex of justinan

a compilation of selected constitutions thereby suggesting that the commission had the authority to resolve conflicts and change the law where necessary so as to replace the exsisting codicis

when was justinian's 2nd codex published and what was it called

Codex vetus 534

what was the goal of Justinian's digest

codifications fo the writings of the classical jurists