Final Exam

Question 1

what kind of proofs are admissible?

Answer 1

useful and licit

Question 2

what is direct proof?

Answer 2

bears immediately on the issue to be resolved

Question 3

What is indirect proof?

Answer 3

not directly related

Question 4

what is judicial proof?

Answer 4

inside procedure

Question 5

what is extrajudicial proof?

Answer 5

outside procedure, majority fall here.

Question 6

what is full proof?

Answer 6

things that arre fully probabtive of what it confirms, like a baptismal certificate.

Question 7

what is partial proof?

Answer 7

proofs that by itself don’t fully prove a matter, mitis iudex has shifted things.

Question 8

what is a simple declaration?

Answer 8

simple statement of the party.

Question 9

what is a confession?

Answer 9

a statement against oneself, not a whole lot in dissolution cases.

Question 10

distinguish types of documents

Answer 10

public: Civil and Ecclesial
Private

Question 11

Who is present when taking testimony?

Answer 11

judge, instructor, or representative
auditor
party
notary

Question 12

what is an expert?

Answer 12

someone who has a specialized nature in some art of science.

Question 13

what is a presumption?

Answer 13

basically something that acts as proof in a case.

Question 14

what is a relevant presumption in dissolution cases?

Answer 14

once cohabitation happens consumation is assumed.

Question 15

dissolution cases are not what?

Answer 15

Judicial cases, rather administrative.

Question 16

for dissolution cases, the tribunal consists of what?

Answer 16

judge instructor, defender of the bond, notary

Question 17

what types of cases must a DB enter?

Answer 17

invalidity of marriage and orders, dissolution of the bond.

Question 18

what does a notary do?

Answer 18

authenticate all of the acts, required for validity of the acts.

Question 19

what makes marriage according to peter lombard?

Answer 19

According to Peter Lombard, a valid marriage is formed through mutual consent to conjugal partnership

Question 20

what makes a marriage according to Gratain and the School of Bologna

Answer 20

Consent and consumation.

Question 21

what did Alexander III argue in terms of marriage?

Answer 21

consent along makes marriage, but if non-consumated and enter a religious orders man is free to remarry.

Question 22

what should happen in a Ratum Non Consumatum Case in terms of experts?

Answer 22

an expert should do an exmination of the woman, and if it doesn’t occur explain why.

Question 23

When is non-consummation presumed.

Answer 23

When there was a physical or moral impossiblity of cohabitating.

Question 24

give some examples of a just case for the dissolution R/NC

Answer 24

serious aversion or dislike
fear of probable future
one party has entered new marriage, etc.

Question 25

who can petition for a dissolution?

Answer 25

the spouses one of them, even if the other is unwilling.

Question 26

who should the dissolution be addressed?

Answer 26

Canon 1698, the Apsotolic See

Question 27

where should the process begin?

Answer 27

the place of domicile or quasi-domicile, or where majority of proofs are to be obtained. See circular letter.

Question 28

what cases should involve consultation with the Holy see?

Answer 28

contraceptive intercourse penetration without ejaculation others

Question 29

what is required in terms of hearing the parties?

Answer 29

both parties are to be heard.

Question 30

is there a publication of the acta in dissolution cases?

Answer 30

NO!

Question 31

what should the votum argue?

Answer 31

non-consumation just cause scandal or admiratio doesn't occur the good of souls

Question 32

what is the foundation for the pauline privilage?

Answer 32

1 cor 7:15-16, basically if the unbeliever wishes to seperate, etc.

Question 33

what other language does the code use for the Pauline privilege

Answer 33

favor of the faith of the party who has received baptism.

Question 34

what must happen for pauline privilege to be valid?

Answer 34

the non-baptized party departs.

Question 35

the departure of the non baptized party can be

Answer 35

either physical or moral. if the situation was too unbearable the baptized party could have been the one who departed.

Question 36

what must happen for the Pauline privilege to occur?

Answer 36

the interpellations, or basically the interview

Question 37

what questions must always be asked in the interpellations?

Answer 37

whether he or she wishes to recieve baptism whether he or she desires to cohabit in peace

Question 38

If the non-baptized party says no to each question what happens?

Answer 38

the pauline privilege can be used.

Question 39

if the non-batpized party say yes to each question what happens?

Answer 39

the Pauline privilege cannot be used.

Question 40

if the non-baptized party desires baptism but not cohabitaiton what happens?

Answer 40

the judge must deicde if he/she was the one who departed.

Question 41

if the non-baptized party does not desire baptism, but wishes to cohabitate what happens?

Answer 41

cannot apply the privilege.

Question 42

what other situation can the baptized party enter a marriage, in regards to the interpellations?

Answer 42

if they were legitimately omitted.

Question 43

what is required for the favor of the faith?

Answer 43

at least one unbaptized party at the time of the marriage and throughout non-use of marriage after baptism if no conversion must ask the unbaptized party if he/she wishes to become catholic

Question 44

what other conditions are required for the favor of the faith

Answer 44

petitioner not the culpable cause of the failure of the marriage to be dissovled new spouse or interested party is free to marry and wasn't invovled in the breakup.

Question 45

what requirement was added in 2001 in regards to favor of the faith

Answer 45

no possiblity or restoring conjugal life.

Question 46

in rome who reviews the favor of the faith before going to the Roman Pontiff?

Answer 46

the dicastery for the doctrine of the faith or the DDF.

Question 47

who is involved in favor of the faith at the local level?

Answer 47

Bishop or judge instructor designated by him defender of the bond notary

Question 48

what should be investigated in favor of the faith/

Answer 48

if the other party has been baptized since the marriage

Question 49

what could the doubts in Canon 1150 be referring to?

Answer 49

the baptism of one or both parties the sincerity of the response to the interpellations.

Question 50

What did Richard Carney argue in terms of Canon 1150?

Answer 50

that privilege of the faith extends to any circumstance of a person would beneifit from the recognition of a second marriage. This is too broad

Question 51

what did Provost argue in terms of Canon 1150?

Answer 51

only applies the canon to favor of the faith dissoultion.