Chapter 4 Multiple choice questions

. The concept of status lay at the foundation of the Roman law of persons. An individual's legal status was determined by:

liberty, citizenship and his position in the family.

liberty, citizenship and justice.

liberty, equality and justice.

all of the above.

. Slaves in Roman law were primarily regarded as the object of rights, but innovations in the law eventually allowed them to be used as business agents despite their apparent lack of legal personality. An example of this is:

the classification of slaves as res mancipi capable of private ownership.

the awarding of proprietary rights to the owner in respect of the offspring of slaves.

the peculium.

the recognition of a legal bond between the offspring of a female slave and their father.

. A constitution of the emperor Antoninus Pius (138 - 161 AD) regarding the treatment of slaves stated that a slave who had been maltreated by his master:

would automatically be granted his freedom.

would be entitled to seek sanctuary at a temple or a sanctuary of the Emperor.

would have no form of legal recourse against the master.

could bring a civil suit against his master in a court of law.

. The freedman's duty of respectful conduct (obsequium):

did not prevent him from bringing civil suits against the patron.

did not prevent him from prosecuting the patron for criminal offences.

did not include a duty to support an impoverished patron financially.

prevented him from bringing civil suits that would diminish the patron's reputation.

. The freedman's duty to provide the patron with gifts and services:

included all types of services irrespective of the age and status of the freedman.

also included services that could result in indignity to the freedman.

were waived if a freedmen had two sons or a freedwoman was over 50.

did not include a financial contribution to the dowry of the patron's daughter.

. Iunian Latins:

were members of Italian tribes related to the Romans.

were regarded in Roman law as being slaves.

did not have access to the court of the Praetor.

were former slaves that had been informally manumitted.

. Foreigners (Peregrini):

were free inhabitants of the Roman Empire who did not have Roman citizenship or Latin status.

were governed by the ius civile.

could contract a valid Roman marriage.

were capable of making a will according to the ius civile.

. In classical Roman law (i.e. of the first three centuries of the Empire), when a betrothal was unilaterally terminated:

an action for breach of promise was available to the innocent party.

the prospective husband could retain the property already given as dowry.

the prospective husband could recover the arra, despite being the party who terminated the betrothal.

the prospective wife had to repay the value of the arra in multiples if she terminated the betrothal.

. Capacity to contract a lawful marriage (conubium):

may be divided into absolute and relative capacity.

included factors such as age and citizenship (absolute capacity).

included factors such as rank, moral/social factors and relationship (relative capacity).

all of the above.

. The legal consequences of marriage with manus for a woman were:

that she remained under the potestas of her own paterfamilias.

that she retained ownership of property belonging to her prior to the marriage.

that she acquired the same rights of succession upon intestacy as a daughter upon the death of her husband.

that she remained sui iuris.

. The prohibition against donations between spouses excluded:

reasonable gifts on festive occasions.

gifts confirmed by will.

gifts that would only come into effect at the end of the marriage.

all of the above.

. The category of persons alieni iuris did not include:

the head of the family.

wives married with manus.

sons in power.

daughters in power.

. Paternal power (Patriapotestas) was created:

through birth from any type of liaison including concubinage.

through adrogation (adrogatio) of an alieni iuris person.

through adoption (adoptio) of an alieni iuris person.

through adoption (adoptio) of a sui iuris person.

. Divorce in a manus marriage:

seems to have been a widespread occurrence in early Roman law.

had to be based on specific grounds for fear of incurring infamia.

could generally be effected without the involvement of the respective families in early Roman law.

need not follow the reverse of the procedure used to conclude the marriage in early Roman law.

. Divorce in a free marriage:

could only be effected unilaterally through verbal or written declaration.

could only be effected by mutual consent.

when effected by mutual consent, was normally evidenced by the parties intentionally ceasing to live together.

when effected by written declaration, did not require the presence of witnesses in classical Roman law.

. According to the Lex Iulia de adulteriis of 18 BC, a husband:

could be tried for lenocinium if he failed to divorce his wife within sixty days of becoming aware of her adultery.

had a legal duty to divorce his wife within one year of becoming aware of her adultery.

could condone his wife's adultery and thus avoid any legal repercussions in terms of the act.

all of the above.

. The actio rei uxoriae was introduced by the Praetor in the Republic (i.e. the pre-classical period):

to deal specifically with returnable dowries (dos receptitia).

to deal specifically with valued dowries (dos aestimata).

to deal mainly with dowries not classified as returnable or valued.

all of the above.

. A guardian in classical Roman law:

could be male or female.

need not be sui iuris.

need not be above the age of puberty.

could also be deaf/dumb/insane.

. A ward had the following remedies against his guardian:

an action for the removal of a guardian suspected of being untrustworthy that could only be brought at the end of the period of guardianship.

an action for maladministration that could only be brought at the end of the term of guardianship.

an action for embezzlement that could also be brought during the term of guardianship.

all of the above.

. Legal guardians of women in Roman law:

fulfilled exactly the same function in law as guardians of children under the age of puberty.

were primarily appointed to manage the affairs of women.

had no duty to manage the affairs of women.

all of the above.

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