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CompLaw Outline Alexis

CompLaw Outline Alexis - Comparative Law Roman Law I Roman...

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Comparative Law Roman Law I. Roman History A. Republic 1. Starts with the 12 Tables -division between the Patricians (in control) and Plebians (majority) -12 Tables were a response to a demand that the law be known, not kept secret -all of Roman law derives from these tables -reflects constant struggle about whether law should be stable or innovate 2. Lex Aquila of 286 BC regulated all Roman torts for 500 yrs B. Principate (1 st Century) 1. because of the size and complexity, prior institutions weren’t able to run the empire 2. Augustus centralized power -became emperor (no longer a republic) but called a Prince—the first citizen -never changed structures/offices, pretended everything was the same though he had all power -institutions were preserved in name only C. Dominate 1. Diocletian changes the whole system -creates a governing system like the old USSR -he is the one authority and does away w/old trappings 2. Empire in the west disappears, eastern part we now refer to as the Byzantine Empire 3. Justinian (eastern emperor) was very conservative a. creation of Corpus Jurus a document that purported to summarize the whole law -commissioned scholars to go thru all Roman legal scholarship and pick what was to survive b. Four Documents total: (1) Digest: most important, excerpts from all previous writings of Roman jurists (2) Institutes, analogous to a first year law textbook (3) Code: document of recent decrees of Emperors, not a true code (4) Novels: Justinian's own decrees II. Roman Government A. Consul: 2 Consuls served a 1 yr term -had Imperium power: a power that goes w/the office beyond what is stated -very few limitations -each had the power to veto the other, solved this by serving 6 mos each B. Praetor: elected for a 1 yr term (doesn’t try the cases but brings the case. He determines whether or not you have standing.) 1. performs the function of giving permission to bring cases 2. doesn’t try the cases, but gives the formula thru which cases could be brought -If Π wants to sue for X, Praetor determines whether that is the type of case Roman law allows -enacts an edict once a year which tells all the formulas, equivalent to standing 3. most important in the growth of Roman law -w/o seeming to, can expand the law by expanding the remedies -remedial devices allow expansion/modification even though basic, fundamental law stays same 4. Two types of Praetors a. Urbanus, for citizens, applied pure Roman law b. Peregrinus for non citizens, applied a kind of int’l law, more flexible -dichotomy created problems when everyone became a Roman citizen in 212 C. Iudex: the judge -tries the case on the basis of the formula -like the Praetors, also not professional law men 1
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D. Assemblies: grps of citizens who passed the laws (lex) highest power -2 assemblies, a patrician and plebian -no representation, included all the citizens everyone had to travel to vote (later became unworkable) -very limited in their authority, could only vote yes or no to one of the decisions of the magistrates
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CompLaw Outline Alexis - Comparative Law Roman Law I Roman...

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