Final Flashcards
1
Q
Pre- Classical period
A
Up to first century BCE
2
Q
Classical Period
A
1st Century BCE- 3rd Century CE
3
Q
Post - Classical Period
A
4th Century CE
4
Q
Early Republic
A
Ends in 3rd Century BCE
5
Q
Late Republic
A
3rd Century BCE- 31 BCE
6
Q
When was the foundation of Rome
A
753 BCE
7
Q
First king of Rome
A
Romulus
8
Q
Second King of Rome
A
Numa Pompilius
9
Q
Who is credited for the creation of many Roman laws
A
Numa Pompilius
10
Q
Who founded a system of patrons and clients
A
Romulus
11
Q
System of Patrons and Clients
A
Each plebeian required to find a patrician patron
12
Q
Who did you first take your problem to in Rome?
A
Patron
13
Q
How did patrons help their clients?
A
Either by violence or by helping them with their court case
14
Q
Who legislated largely on family and religious matters?
A
Kings
15
Q
Who controlled written laws in the regal period
A
Priests
16
Q
When were the last kings overthrown?
A
509 BCE
17
Q
Chief Magistrates
A
Two annually elected praetors instituted after overthrowing the kings
18
Q
Colleagial
A
There were two magistrates so nobody had sole power and everybody had a colleague
19
Q
What two powers did the chief magistrates hold
A
Imperium
Intercessio
20
Q
Imperium
A
Praetors held power to command
21
Q
Intercessio
A
Power of pratetor to intercede or stop action of other praetor
22
Q
When did plebs leave Roman government
A
5th century BCE
23
Q
Struggle of the orders
A
Between aristocratic patricians and poorer plebeians
24
Q
How did Romans get the plebs back
A
Allowed plebeian assembly to pass binding laws and gave tribunes the power of intercessio
25
Plebeian Tribunes
Two annually elected leaders with the power of intercessio
26
When were the Twelve Tables written
450 BCE
27
What superceded the Twelve Tables
Justinian's Codification from 528- 534 CE
28
Twelve Tables
Written Plebeian and patrician laws made public
29
Provacatio
Twelve tables said citizens could appeal magistrates summary judgment to assembly of the people
30
When was the third praetorship created
367 BCE
31
Consuls
Original two praetors are named consuls after thir praetor is added
32
What magistrates had the power of imperium
Praetors and consuls
33
Maius Imperium
Consuls had greater power than praetors and only Tribunes could halt them
34
What is the praetor responsible for
Justice system and appointing judges
35
When was a second praetor added after the consuls?
242 BCE
36
Praetor Urbanus
Cases involving citizens
37
Praetor Peregrinus
Cases involving foreigners
38
When was the cursus honourum established
After the second Punic War
39
Cursus Honorum
Race of honors-- Hierarchy office system
40
Militiae
Magistrates had unlimited authority when outside of rome
41
Domi
In Rome the power of magistrates was limited to provocatio and intercesio
42
Order of cursus honorum
20 Quaestors
4 Aediles
8 Praetors
2 Consuls
43
Probogation
After a year of service, praetors and consuls would take over duties in the military field
44
Quaestors
Financial Officials
45
Aediles
Archives and public works
46
Dictator
In times of emergency is elected to have sole control. Not subject to intercessio
47
Censor
2 elected periodically to conduct census and determine citizens property class
48
Edict
Praetors outlined how they planned to carry out duties before they got into office
49
Ius honorarium
Distinguish law based on praetors edict from formal legislation
50
When did praetor's edicts become static
2nd century CE
51
Pontifices
Priests. Were the first lawyers in Rome
52
When was law no longer for just pontifices?
4th century BCE
53
3 jobs of lawyers
Ad respondendum
Ad cavendum
Ad agendum
54
Ad respondendum
Giving legal advice
55
Ad cavendum
Drafting documents
56
Ad agendum
Preparing cases for court
57
Ius respondendi
Some jurists had right to authority as though the emporer had said it
58
Marcus Antistius Labeo
Jurist of first century. Taught law and wrote books
59
Proculian School
Founded by Marcus Antistius Labeo and named after the jurist Proculus
60
Masurius Sabinus
Jurist of the second century wrote Ius Civile
61
Sabinian School
Founded by Masurius Sabinus
62
Hadrian
Made opinions of jurists with ius respondendi binding
63
Garius
Important Roman teacher of the 2nd Century. Lecture notes Institutes were discovered in 1861
64
Amelius Papinianus
Jurist 194- 212
65
Domitius Ulpianus
Jurist 202- 223
66
Iulius Paulus
Jurist 3rd Century
67
Herennius Modestinus
Jurist 3rd Century
68
Who reformed Roman law
Emperor Theodisius II
69
When did Theodisius II live and reign
Born 401
| Reigned 408- 450
70
Who formalized law school and appointed two officila law professors
Theodisius II
71
Law of Citations
Brought on during law reform. Opinions of important jurists were binding on magistrates
72
Codex Theodosianus
Officla law code made by Theodosius II in 439
73
Corpus Luris Civilis
More complete law code in 528. Justinian commisioned Tribonianus
74
4 parts of Corpus Luris Civilis
Codex Lustiniani
Novellae
Institutiones
Digest
75
Novellae
2nd part of Corpus Luris Civilis. Additions and adjustments to original codex
76
Institutiones
3rd part of corpus luris civili. 2nd edition of Garius' Institutiones
77
Digest
Final part of corpus luris civili. 2000 fragments and quotations made by 39 jurists. Half from Ulpian and Paulus
78
SPQR
Senatus Populusque Romani (Senate and the people of Rome)
79
Senate
Advisory council of elders made of former magistrates
80
Senatus Consulta
Statements made by the senate that advised magistrates
81
3 voting assemblies
Comita Centuriata
Comita Tributa
Concilium Plebis
82
What is the most important assembly making the most important decisions
Comita Centuriata
83
Centuriate Assembly
For recruiting armies. Organized by wealth
84
How many centuries were there
193
85
What voting assembly elected praetors and censors and voted on war declarations
Centuriate
86
Contiones
Where debating and political discussion occured
87
What assembly systematically favored the wealthy?
Centuriate
88
Tribal Assembly
Organized by location of residence. Elect cruciate aediles, quaestors, vote on leges and judge trials
89
Leges
Laws
90
How many tribes were there
31 rural and 4 urban
91
Plebeian Assembly
Organized by tribe and made of only Plebs
92
What was the Plebeian assembly responsible for
Electing tribunes and Plebeian aediles, vote on plebiscites and judge trials
93
Who was forbidden to engage in trade and business
Senators
94
Equites
Men who favoured business over politics. Knights
95
Publicani
Equites bid on contracts with senate or magistrates to carry out public business- Tax collection
96
Responsibilities of pontifices
Sacrifices, festivals and early laws
97
Augurs
Priests in charge of auspices and augury and could delay or prohibit public business
98
Who read the omens to decide if events could occur
Augurs
99
When did Augustus make the settlement with the senate
27 BCE
100
When was the Republican government restored
27 BCE
101
What changes occured when government became a beurocracy
Assemblies didnt vote on laws and emperors appointed magistrates
Emperor drafted legislation and sent it to senate
102
5 Sources of law under republic
```
Twelve Tables
Praetorian edicts
Leges
Plebiscita
Senatus Consulta
```
103
Sources of law in 5th Century CE
Writings of jurists
104
Legis Actiones
Actions of law. First civil procedure
105
Which legal procedure depended on specific wording
Legis actiones
106
Ius vocatio
Plaintiff brought defendant before praetor by formal summons
107
Iure Phase
Plaintiff specifically quoted a legal procedure and praetor interviewed litigants
108
Iudex
Judges
109
When were judges appointed
If praetor determined that plaintiffs law applied
110
Apud Iudicem Phase
Judge heard arguments and issued a decision
111
Serentia
Judges decision
112
Formulary procedure
Made by lex aebutia in 2nd century BCE. Same structure as legis actiones but more flexible
113
Iure phase of formulary procedure
Praetor used interview to write formula which defined case and issued instructions to the judge
114
3 components of formula
Iudicis Nominatio
Intentio
Condemnatio
115
Iudicis Nominatio
Name judge or 3-5 person panel of recuperatores
116
Intentio
Stated plaintiff claims
117
Condemnatio
Circumstances that defendant should be found liable or not
118
Actio Iudicati
Magistrate says plaintiff can use force if defendant is found liable and fails to pay
119
When could appeals be made during formulary procedure
Make an argument at the actio iudicati hearing
120
Cognito Extraordinaria
Extraordinary procedure began with Augustus. Made usual in 2nd Century CE
121
Extraordinary Procedure
Magistrate hears entire case- combines iure and iudicem phases
122
In what procedure is appeal usual
Extraordinary
123
From what did criminal procedures begin
Citizens had recourse to provocatio for magistrates with imperium
124
Early criminal procedure
Draw attention to magistrate with imperium about action that could harm Rome- they choose to investigate and punish
125
Who could not appeal magistrates actions
Women, children and slaves- State didnt want to interfere in family affairs
126
Paterfamilias
Head of family
127
Patria Potestas
Fatherly power
128
What crimes were magistrates mainly interested in
Crimes that involve or threaten state-- usually senators and powerful men
129
Quaestrio
Magistrate appointed a consilum of adisors and acted as prosecutor and judge
130
Quaestio Perpetua
Permanent court
131
When were permanent courts made
By lex calpurnia in 149 BCE
132
Quaestio de Repetundiis
Hear cases of repetundae in provinces by governor
133
Repetundae
Extortion
134
Maiestas
Diminishing majesty of Roman people
135
Veneficia et sicarii
Poisoning and murder/ assasination
136
Ambitus
Electoral bribery
137
Vis
Political violence
138
When did dictator Sulla add more permanent courts
82
139
Lex Cornelia de Sicariis
Criminalized carrying weapons with intent to kill or steal as well as making poisons in 81 BCE
140
Nominis Delatio
Beginning of prosecution. Denunciation of the name attended by prosecutor and defendant
141
Who wrote an incriptio during procedure
President of court
142
Inscriptio
Prosecutor signed it and case could no longer be withdrawn without penalty
143
How long after nominis delatio did the trial occur
10 days after
144
Who spoke first in trial
prosecution
145
Who composed the jury
Senators and equestrians
146
How many jurors were in quaestio de repetundiis
75
147
How many jurors were in quaestio de vi
51
148
What did a jury tie mean
Aquittal
149
Who made it possible to appeal to the emperor
Augustus
150
Infamia
Disenfranchisement
151
Interdictio aquae et igni
Prohibition of water and fire
152
Relegatio
Exile without loss of citizenship
153
Multa
Fine
154
Damnatio in metalla
Condemnation to mines
155
Damnatio in opus publicum
Community service
156
Damnatio in ludos
Condemnation in schools (Gladiator)
157
When did quaestiones perpetuae become obselete
3rd century CE
158
Who heard most major political cases
Senate and emperor
159
Praefectus Urbi
Prefect of the city had imperium while king/ consul was out of city
160
Cohortes Urbanae
Urban cohorts. Division of military headed by prefect of the city
161
Praefectus Praetorio
Praetorian prefect
162
Vigiles
Night watch
163
Honestiores
Honest men. Treated better and recieved less harsh punishment
164
Humiliores
Humble people who were treated more harshly
165
Quaestio perpetua de adulteriis
Made by Augustus. Criminalized adultery and made divorce after adultery mandatory
166
Adultery
Having sex with a married woman
167
Similarity of Delicts to civil law
Procedures and prosecuted by aggrieved parties
168
Similarity of delicts to criminal law
Penalties were punitive
169
4 kinds of delicts
Furtum
Rapina
Damnum iniuria datum
Iniuria
170
Furtum
Theft
171
Rapina
Robbery or theft by force
172
Damnum iniuria datum
Property damage
173
Iniuria
Personal injury
174
Quasi- delicts
Small and oddly specific set of actions
175
Ius publicum
Public law
176
Ius privatum
Private law
177
Who kept laws a secret
Pontiffs
178
Gaius Terentilius Harsa
Tribune of plebs. Proposed commission of codified laws to bind consuls in 462 BCE
179
Decemvirs
10 patricians elected to write new law code for Rome in 451 BCE
180
What were the Twelve Tables written on
Bronze or wood
181
What happened to the twelve tables
Burned when city was sacked by Gauls in 390 BCE
182
Lex Talionis
Private vengance allowed in retaliation when wrong doer and victim cant agree on financial terms
183
Stipulatio
Face to face contract making a promise
184
When was the office of the praetor established
367 BCE
185
When was the second praetor appointed
242
186
Which praetor was more important
Urbanus
187
Ius Honorarium
Laws resulting from praetors edicts
188
Ius Gentium
Laws of peoples/ nations. Administered by peregrine for cases involving foreigners
189
Who raised the praetor number to 8
Sulla in 81 BCE
190
Exceptio
Exception- Protecting rights as a defense of action
191
Restituti
Restitution- Return unjustly obtained money
192
2 duties of praetors
Fashion edicts on an annual basis
| Make formulae on daily basis
193
When was the office of aediles established
367 BCE
194
Edictum Perpetuum
Final version of edict considered as established law
195
Lex Ogulina
Allowed plebs to serve as pontiffs- 300 BCE
196
When was the first pleb elected as a pontiff
252 BCE
197
Advocates
Conduct business of court cases and not allowed to accept payment
198
Jurists
Legal scholars who performed duties without payment
199
Ius Flavianum
Collection of formulae for law suits
200
4 ways emperors affected law
Issue edicts
Take a case himself
Rescriptum
Mandata
201
Decreta
Descision of the emperor
202
Rescriptum
Emperor answering legal questions for officials and citizens
203
Episulta
Letter
204
Mandata
Orders to officials
205
Glossa
Comments on ancient text
206
Who founded the stoics
Zeno
207
De republica
Written by cicero. True law is right reason that works in concert with nature
208
Ciceros view on law
It is constant. Nature based unity that governs all people
209
Marcus Tallius Cicero
Consul and Preconsul. Born 106 BCE. Assasinated in 43 BCE
210
Where did litigants take civil cases
Urban Praetor
211
Roman Constitution
Totality of customs, principles and legislation
212
Leges
Statutes adopted by the populus Romanus
213
Mos Maiorum
Customs of ancestors
214
2 parts of statutes
Praescriptio
| Sanctio
215
Praescriptio
General comment concerning the wrong
216
Sanctio
Negative consequences resulting from violation of praescriptio
217
Lex imperfecta
Rule without sanction
218
Lex perfecta
Sanctio invalidates act but praescriptio prohibits it
219
Lex plus quam perfecta
Sanctio invalidates act but praescriptio prohibits it and other negative consequences
220
Lex minus quam perfecta
Imposes negative consequences
221
Comitia
Assembly enacted by statutes
222
Who called the comitia centuriata
Consul
223
Who called the comitia tributa
Patrician magistrate
224
Who called the concilium plebis
Tribune
225
Who selected senators and how many
Censors
| 300
226
When did Sulla increase senator number to 600
81 BCE
227
Auctoritas
Advice of senate. Respected by assembly
228
Lex canuleia
445 BCE. Gave plebs the right to intermarriage with patriacians
229
Who were the most important people in legis actiones
Judge and praetor
230
Lex Iulia
17 BCE. Made formulary procedure mandatory
231
Litis Contestatio
Parties appear before praetor to initiate a law suit
232
Who could serve as a judge
Any adult male citizen
233
Cognito
Extraordinary procedure
234
What legal procedure combined iure and apud iudicem
Extraordinary
235
Who were the earliest jurors
Senators
236
Tribuni aeraii
Citizens with wealth just below equestrians
237
Who could be a juror
Men aged 30- 60 who lived within the vicinty of Rome
238
Calumnia
Criminal offense for accuser bringing false charges
239
Praevaricatio
Hiding legitimate charges
240
Tergiversatio
Abandon charges once case has formally begun
241
Laudatores
Character witness
242
How did jurors vote
Secretly with wax tablets
243
Absolvio
Aquittal
244
Condemno
Conviction
245
Peculatus
Embezzlement
246
What was the statute of limitations for adultery and embezzlement
5 years
247
Flasum
Forgery. 20 year staute of limitations
248
Dolus
Criminal intent. Required element of crime
249
Mens rea
Guilty mind
250
Who was considered uncapable of dolus
Children and insane people
251
Who was insulated from dolus
Magistrates in office
252
Actus Reus
Criminal act
253
Socii
Accomplices
254
Quaestiones paricidii
Magistrates determined if death was caused intentionally
255
Lex pompeia
Criminalized parricide
256
Honestiores
Army veterans recieved less harsh punishment
257
What cases did the night watch deal with
Theft, mugging, arson and burglary
258
Abigeatus
Rustling. Stealing animals
259
Effactores
Thefts who broke into apartments
260
Saccularii
Thieves who split pockets and purses
261
Expilatores
Thieves who ransacked homes in the countryside
262
Flagrante Delicto
Adultery
263
Sciens dolo malo
Knowing and with malicious intent
264
Ius occidendi
Right of killing
265
Lenocinium
Any conduct that facillitated sexual crime
266
Iniuria
Injury to one's reputation, dignity, honour or bodily integrity
267
Maiestas
Treason. Punished by death or exile
268
Peculatus
Embezzlement of sacred, religious or public funds
269
Stellionatus
Acting like a lizard. Related to fraud
270
Plagium
Kidnapping
271
Lex fabia
Criminalized sale of a person who doesnt belong to you
272
2 ways of acquiring things
Succesion
| Obligatio
273
Obligatio
Relationship between creditor and debtor
274
3 tasks debtor had to perform
Dare
Facere
Praestare
275
Dare
To give
276
Facere
To make or do
277
Praestare
Give creditor what debtor produced
278
Obligationes ex Contractu
Ariding from contract
279
Obligationes ex Delicto
Arising from derelict
280
Furtum Manifesto
Thief caught in the act was beaten, made a slave and required to pay quadruple the damages
281
Lance et licio
Accuser of theft had to search for stolen property wearing only a plate tied around his waist
282
Author of Cataline's War
Gaius Sallustius Crispus
283
Who was Sallust
Roman politician during Caesar's time who retired after scandal and began to write history
284
When did Sallust live
86- 35 BCE
285
When did Sallust begin writing
44 BCE
286
Latin title of Calantine's War
Bellum Catilinae
287
When was Calintine's war written
44- 40
288
Where was Calintines's war written
Rome-- but Sallust retired in Tivoli
289
Language of Calintine's War
Latin
290
When does Calintine's war take place
During political turmoil and the debt crisis of 60's BCE
291
Optimates
The best men- Conservatives who wanted to keep power with the wealthy senators
292
Populares
Radicals who wanted to gain power by appealing to the masses
293
Optimates opinion on debt
People should not be relieved of debt under any circumstances
294
Populares opinion on debt
Should be restructured and sometimes cancelled
295
Important optimates
Marcus Tullius Cicero
| Marcus Porcius Cato
296
Important populares
Gaius Julius Caesar, Lucius Sergius Catilina
297
Lucius Sergius Catilina
General who was a patrician and popularis. Radical proponent of debt reform
298
When did Catiline run for consul
In 64 and 63 BCE
299
What was Catiline's platform
Cancellation of debts and redistribution of land
300
Who were the consuls in 63 who oversaw the election
Cicero and Gaius Antonius Hyprida
301
When did Catiline get serious about overthrowing the government
July of 63
302
Who were the most important leaders in the 80's
Gaius Marius and Sulla
303
Who were Marius and Sulla popular among
Marius among the masses and Sulla among the elite
304
Client Army
General patrons had armies of soldiers who were personally loyal to them
305
Etruria
After Sulla won the wars, he rewarded his veterans by giving them land from evicted farmers. The farmers were not happy and the verterans didnt know how to farm
306
Gaius Manlius
Calintine's client who was campaigning in Etruria
307
Senatus Consultum Ultimum
October 21, 63-- Gave emergency power to the consuls
308
When was Catiline planning on assasinating Cicero and taking over Rome
November 7, 63
309
What was Catiline charged with
Political violence
310
When did the senate side with Cicero and make Catiline flee
November 8, 63
311
What was Catiline declared to be by Cicero
Hostis-- Enemy combatant
312
Who produced written evidence of conspiracy against Catiline
Captured envoys of the Allobroges
313
When were the conspirators of Calintine's war arrested
December 3, 63
314
Who were 2 notable conspirators of the 5 conspirators in the war
Publius Cornelius Lentulus Sura
| Gaius Cornelius Cethegus
315
When did senate vote to execute the conspirators
December 5th 63
316
Who was sent to fight Cataline's army in Etruria
Hybrida
317
When did Cataline die
In combat in January 62
318
When was Cicero exiled
58
