Chapter 3 Multiple choice questions

. The legis actiones (actions at law) consisted of highly formalistic actions:

entirely derived from statute.

entirely derived from pontifical interpretation.

entirely derived from praetorian adaptation of existing remedies.

partly derived from statute and partly from limited pontifical interpretation of the language of these statutes.

. The actions at law:

could be initiated by a flexible, informal act that did not require the presence of a magistrate.

were founded on Praetorian law.

were available to both Roman citizens and foreigners.

were characterised by archaic, ritual acts.

. The action at law used to enforce the judgement of a court was:

Legis actio per manus iniectionem

Legis actio per iudicis arbitrive postulationem

Legis actio sacramento

Legis actio per condictionem

. The legis actio per condictionem was used in civil suits based on:

a stipulatio.

division of common inheritance.

division of common property.

abstract claims under the ius civile based on a specific thing/amount of money.

. The Lex Aebutia (c. 150 - 125 BC):

allowed litigants to use the formulary procedure in all civil suits in which both parties were Roman citizens.

allowed litigants to choose between the formulary and actions-at-law system in any civil suit.

allowed litigants to choose between the formulary and actions-at-law system in certain civil suits, but was presumably restricted to cases of the condictio.

had a significant impact on claims based on the ius civile in civil suits between Roman citizens.

. Summons (in ius vocatio):

in a civil suit utilising the actions at law was a private process in which the plaintiff could use self-help, as described in the Twelve Tables, to compel the defendant to appear in court.

in a civil suit utilising the formulary procedure was a private process, often initiated by showing the defendant a draft formula, that came to be supported by a praetorian penal action or missio in bona to compel the defendant to appear in court.

in a civil suit utilising the cognitio procedure was a semi-official or an official act based on a written statement of claim lodged by the plaintiff with the magistrate. Failure to respond to three summonses led to a summary procedure against the defendant.

all of the above.

. The formulary procedure:

was the dominant system of civil procedure in the time of the Monarchy and early Republic (i.e. the pre-classical period).

did not apply in suits handled by specialised courts that developed in the Principate such as those of the praetor tutelaris or the praetor fideicommissarius.

was a highly formalistic system in which the success of a party's claim depended entirely on his observance of the language used in the formula.

was universally applied in Italy and the provinces during the late Republic.

. The main advantage of the formulary procedure over the actions at law was:

that the solemn oral statements characteristic of the actions at law were abolished.

that the entire programme of litigation was laid down in a procedural formula.

that the formula was flexible and could be adapted to suit a variety of circumstances.

all of the above.

. During the in iure stage of a civil trial utilising the formulary procedure, the Praetor:

investigated the truth of the plaintiff's allegations.

could not reject the plaintiff's request for legal assistance.

always chose a judge on behalf of the parties.

granted provisional legal relief on the assumption that the plaintiff's allegations were truthful.

. The exceptio in the formula:

served to deny the validity of the plaintiff's claim.

was an indication that the defendant admitted the plaintiff's claim.

placed the burden of proof concerning the exceptio on the defendant.

was a procedural device already known in early Roman law.

. Joinder of issue (litis contestatio) in the formulary procedure:

did not bind the parties to observe the judgement to be delivered by the court.

bound the plaintiff to the remedy set out in the formula.

enabled the plaintiff to bring another action on the same facts against the same defendant.

had no effect on the time-limits applicable to all civil actions.

. The purpose of the apud iudicem stage of a civil suit utilising the formulary procedure was:

to establish the legal foundation of the plaintiff's claim.

to establish whether legal relief should be given to the plaintiff.

to lead evidence and to obtain a judgement.

to choose a judge.

. Which of the following are not classified as special praetorian remedies:

an interdict

in integrum restitutio

missio in possessionem

the actio iudicati

. Which statement is incorrect? The principle of an appeal from a judgement:

arose during the Principate, predominantly from judgement delivered in terms of the cognitio procedure.

gradually came to be applied also to judgements delivered in terms of the formulary procedure.

lay to the Emperor or an Imperial official to whom this function had been delegated.

arose in early Roman law from the actions at law.

. In the cognitio procedure, the trial:

was presided over by a lay judge chosen by the parties in consultation with the Praetor.

was the only part of the civil suit handled by a judge, the pre-trial being handled by the Praetor.

was presided over in its entirety by a salaried judge expressly appointed for that trial and assisted by assessors.

could not be delegated by a judge to a deputy (iudex pedaneus).

. Missio in possessionem:

was an order authorising the seizure of property.

was a procedure introduced in the reign of Augustus whereby a judgement debtor voluntarily surrendered his property to the creditors.

was an order nullifying a transaction and restoring parties to their original position.

was an order instructing a person to do or to refrain from doing something.

. In the formulary system:

ius civile actions had to be brought within a period of 30 days.

all praetorian actions were perpetual and had no time limit.

only praetorian actions that were compensatory were perpetual.

only praetorian actions that were penal were perpetual.

. The adiudicatio in a formula:

was synonymous with the condemnatio.

was that part of the formula in which the claim was set out.

was that part of the formula in which the defendant inserted his defences against the plaintiff's claims.

was used instead of a condemnatio when the purpose of the action was the declaration of rights.

. Manus iniectio:

allowed the judgement creditor to seize the body of the judgement debtor immediately following the court's judgement.

allowed the judgement creditor to seize the body of the judgement debtor if he were unable to pay the penalty within a period of 30 days after the delivery of the judgement.

was enshrined in law by the Lex Poetelia of 326 BC.

was an alternative to private imprisonment.

. In the preliminary hearing before the Praetor in the context of the formulary procedure:

the Praetor presented the parties with a draft formula.

the plaintiff presented a draft formula which would normally have been drawn up in consultation with a jurist.

the defendant could not suggest amendments to the draft formula.

the Praetor could not suggest changes to the draft formula.

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