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Canon Law > Test 1 > Flashcards

Test 1 Flashcards

1
Q

By the title of ____________ the duly elected Pope becomes the successor to Peter and acquires primacy over the universal Church.

A

Bishop of Rome, The Holy Father.

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2
Q

__________ describes the quality(ies) of a person or the status of a person in the Church; it is often connected with validity (q.v.) because a person who lacks __________ may not be able to posit a juridic act (q.v.) because he or she lacks a quality necessary to perform or receive the action.

A

Capacity

Example: only a validly ordained priest may confect the eucharist; all others lack the capacity. Example: only a baptized male may be ordained to the priesthood; all others lack the capacity to receive the order.

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3
Q

An ________ act is one which did not have the juridic effect (q.v.) for which it was performed

A

Invalid

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4
Q

A ______ act is one placed by legitimate ecclesiastical authority which changes the rights and obligations of a person or persons, or which changes the status or condition of a place or thing. The result of a juridic act posited according to the requirements of law is a juridic effect.

A

Juridic

Example: the act of a witness in the name of the Church asking for and receiving the manifestation of consent of both parties is a juridic act which results in a marriage.

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5
Q

___________ is the result of an action taken by legitimate ecclesiastical authority. It is a change (creation, removal or alteration) in the rights and obligations of a person or the character of a place or thing.

A

Juridic effect

Examples: marriage has the juridic effect of establishing rights and obligations between the husband and the wife and of both of them to children.

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6
Q

That law which is based upon divine revelation (contained in scripture) and part of the Tradition of the church who defines it to be of the deposit of faith or a similar term. Divine law is universal.

A

Divine Law

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7
Q

______ law is universal.

A

Divine Law

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8
Q

_____________ law is law made by the divinely instituted authority of the Church to govern the general welfare of the members of the Church, often to maintain order and discipline. It usually finds its roots in divine or natural law and it can never be contrary to either divine or natural law.

A

Merely ecclesiastical

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9
Q

__________ Law sees the work of God in the world of nature; through the use of divinely given reason, a person may understand and appreciate God revealing himself in nature and ordaining an order that governs nature.

A

Natural Law

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10
Q

_________ is law that binds in a particular territory, usually a diocese or other particular church. It may also bind within the territory of a conference of bishops. Persons not in that territory are not bound by particular law.

A

Particular Law

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11
Q

________ Law is law that binds a person (physical or juridic) because he or she is a member of a particular group; usually proper law binds regardless of where a person is because it is not limited to a particular territory.

A

Proper law

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12
Q

_________ law binds every person (physical or juridic) wherever he or she is located; it is usually under the authority of the universal church (the Supreme Legislator) alone to establish law that binds every member of the Church

A

Universal law

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13
Q

A ______ act is one which does not have its juridic effect (q.v.); it is as though the action never occured.

A

null

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14
Q

Law in the formal sense; must be promulgated. Requires legislative authority and no one below the Supreme Pontiff may delegate legislative authority.

A

General decree

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15
Q

A _____ act is one which has the juridic effect (q.v.) which was desired

A

valid

validity is the quality of being valid.

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16
Q

The formal process by which a law is established. It usually includes who is bound by the law, when the law goes into effect and, occasionally, penalties for disobeying the law.

A

Promulgation

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17
Q

What are the three things necessary for a law to be promulgated?

A
  1. who is bound by law
  2. when law goes into effect
  3. penalties for disobeying law
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18
Q

The fundamental theology of the Church, the church reflecting on her own nature

A

Ecclesiology

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19
Q

Vatican II stipulated the search for models of ecclesiology that emphasize the “____________”

A

“People of God”

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20
Q

Describe the circular model of the Church

A

conveys common dignity and activity of all the Christian faithful by placing Christ at the center

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21
Q

Name the five elements of the Church

A
  1. all the Christian faithful
  2. the clergy
  3. the College of Bishops
  4. the College of Cardinals
  5. Holy Father
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22
Q

T/F: the unity between the Bishops and Pope is the same law, tradition, revelation, and grace as that founded by Jesus between Peter and the Apostles

A

True

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23
Q

Relationship shared between Peter/Pope and Apostles/Bishops includes 3 elements:

A

college, constitutional (established by Divine Law), proportionality (extraordinary power of apostles is not transferred to successors)

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24
Q

Bishop of Rome was established by

A

Jesus giving the office to Peter as first of the Apostles and is transmitted to successors as head of the college of bishops

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25
Q

Define: Supreme Power

A

there is none higher

26
Q

Define: full power

A

has legislative, executive, and juridical power

27
Q

Define: immediate power

A

pope receives his power without a mediator

28
Q

Define: universal power

A

extends throughout universal Church, exercised freely

29
Q

How does the Roman Pontiff obtain his power?

A

by means of legitimate election accepted by him together with episcopal consecration

30
Q

What if man elected is not ordained to the episcopacy?

A

He is ordained on the spot (if he accepts) and then immediately receives full power of office

31
Q

The Roman Pontiff has power over….

A

Universal Church, ordinary power over particular churches (as do bishops)

32
Q

T/F: The pope is always united in communion with the other bishops of the universal church

A

True

33
Q

Is there recourse against a decree or decision of the Roman Pontiff?

A

No

34
Q

Who assists the Roman Pontiff (3 groups)

A
  1. synod of bishops
  2. college of cardinals
  3. various persons/institutes
35
Q

Give an example of an institute that assists the Roman Pontiff

A

Congregation for the Doctrine of Faith

36
Q

Nothing is to be innovated in the governance of the universal Church when?

A

the see of Rome is vacant or impeded

37
Q

Why is it called “canon” law?

A

because laws are codified and numbered in sequence, each one being a “canon”

38
Q

T/F: Canon law does not contain doctrine per se, but is clearly based on doctrin

A

True

39
Q

T/F: Canon law contains liturgical law

A

False

40
Q

What are “theological canons”

A

these are canons that are doctrines and the basis of “laws” of the Church which define hierarchical constitution of the Church

41
Q

Do councils of the Church mainly to declare laws?

A

No, they mostly teach and only secondarily legislate

42
Q

The Council of Trent was mainly concerned with responding to what “reformer”

A

Martin Luther

43
Q

The Council of Trent’s main decretals were concerned with what?

A

Stricter discipline, especially on clergy

44
Q

What 6th century man organized papal constitutions and decrees of councils?

A

Dionysius Exiguus

45
Q

What fake decretals are actually a good source of the laws of the Church

A

Pseudo-Isidorian Decretals

46
Q

Which Pope and King were involved in defining the relationship between pope and emperor as well as defining the election of the pope by cardinals alone?

A

Gregory VII vs Henry IV

47
Q

Who wrote: The Harmony of Discordant Canons?

A

Gratian

48
Q

Who wrote Decretals of Gregory IX

A

Gregory IX and Raymond of Pennafort

49
Q

Who wrote Liber sextus

A

Boniface VIII

50
Q

Who wrote Constitutions of Clement V

A

John XXII

51
Q

Who wrote Corpus iuris Canonici

A

John Chapuis

52
Q

______ Law contributed some structural and procedural ideas - particularly tribunals, sanctions, and organizational models

A

Roman Law

53
Q

What is the most complete codification of Roman law and is the root of the basic outline of canon law?

A

Code of Justinian

54
Q

Code of Canon Law applies to who?

A

Roman Church

55
Q

_______ is a formal agreement where a country gives certain rights/privileges to the Church

A

Concordat (most important is between Vatican and Rome)

56
Q

T/F: All customs contrary to Code or not exempted by the Code which are not immemorial (in effect over 100 years) are abrogated

A

True

57
Q

What are the three conditions for something to be a law?

A
  1. inspired by reason
  2. from authority
  3. for sake of common good
58
Q

A ______ is baptized, at age of reason

A

person

59
Q

An ______ is the doing of something by a person

A

act

60
Q

What are the three requirements of those bound by Merely Ecclesiastical Law?

A
  1. baptized in the Catholic Church/received into it
  2. use of reason
  3. has reached age of 7
61
Q

A probable conjecture about an uncertain fact; subject to contrary proof.

A

Presumption

Ex: A child who has passed seven years complete is presumed to have reached the age of reason. Contrary proof may be found in behavior or testing which indicates that although seven years old, the child does not have the age-appropriate use of reason.

62
Q

Who constitutes the members of the college of Bishops (3 things)

A
  1. sacramentally consecrated
  2. in communion with Supreme Pontiff
  3. in communion with other members

Canon Law (2 decks)

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