Exam (elaborations)
Roman Law in Context_ Terms (1)
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Roman Law in Context_ Terms (1)
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Roman Law in Context: Terms754 BC - 510 BC, Romulus and Remus, origins of legis actio procedure - ANS-Monarchy in
Rome
509 BC- 27 BC; consuls and magistrates replace monarch; plebians conflict with patricians;
constant foreign war; legis actio sacremento, legis actiones; shift to formulary procedure by in
last two centuries - ANS-Republic in Rome
27 BC - 248 AD; Anthony dies, Octavian becomes emperor; legis actio basically gone, formulary
and cognitio are main; formulary gone by end of principate
212 AD, citizenship granted to virtually everyone in Roman empire - ANS-The Principate in
Rome
248 AD - 565 AD; empire divides; cognitio procedure is established as procedure - ANS-The
Dominate in Rome
elected by popular assembly, held office for a year; consuls, praetors, lesser magistrates -
ANS-Magistrates
beginning of Roman private law in 450 BC; list of important legal rules; don't survive, but we can
guess they concerned matters of family law, property and succession - ANS-The Twelve Tables
customary or common law apart from 12 Tables; not created by enactment, unwritten but
followed - ANS-Ius
passed by popular assemblies, proposed by magistrates; very little private law made by statute;
drafted in narrow and literal manner - ANS-Statutes
urban praetor's office created in 367 BC; most formal source of Roman private law was his
edict; annually published legal formulae and remedies; flexible for reform; heyday was 2nd-1st
century BC
Hadrian and jurist Julian drew up finalized version - ANS-Praetor's edict
Former theoretically lesser than latter; latter is 12 Tables, customs, and statutes; former is edict
and remedies - ANS-Ius honorarium versus ius civile
general term for law made by emperor; included, decretum (ruling made in court), edicta
(general order of the emperor), epistula (response to letter) - ANS-Constitutio
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