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Exam (elaborations)

Roman law Midterm (1

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  • Course
  • ROMAN LAW
  • Institution
  • ROMAN LAW

Roman law Midterm (1

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  • August 9, 2024
  • 4
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • ROMAN LAW
  • ROMAN LAW
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Roman law Midterm
Roman lawsuits, which were used to:
1. Enforce a Right
2. Protect a Right
3. Prevent a Wrong - ANS-Legis Actio (Actions of Law)

A type of action against everyone involving a(n):
1. Assertion of ownership
2. Claim of a right. - ANS-In Rem (For a thing)

A type of action against a person used to:
1. Punish a wrong
2. Enforce an obligation (i.e. contract violation) - ANS-In Personam (Against a person)

The Law of Rome. Also the heart of Roman private law, primarily concerned with persons,
things, and actions. Derived from laws, decrees from the senate, decrees from the emperor, and
jurists. - ANS-Ius Civile (Civil Law)

Law introduced by the praetor in the public interest to supplement and correct civil law. -
ANS-Ius Honorarium (Praetorian Law)

A class of property especially concerned with land and agriculture, which included enslaved
persons, agricultural beasts of burden, land, and rustic praedial servitudes. - ANS-Res Mancipi
(Things taken by the hand)

The first phase of a civil procedure in which the case was presented to a praetor who classified
it and either accepted or denied it. If it was accepted, the action moved to the apud iudicem
stage. - ANS-In iure (In court)

The second stage of the action process following the acceptance of the action during the in iure
phase. Trial held in front of a private citizen judge. Proceedings and details laid out in a
Formula. - ANS-Apud iudicem (In front of a judge)

Standardized written document describing the claim at stake and action in question. Contained
a few major and standard components including the nomination, the demonstration, the
intention, and the condemnation. - ANS-Formula

Component of the formula which contained the appointment of the judge, as agreed upon by
both parties. - ANS-Nomination

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