Any student of law department knows that the modern legislation was created from the Roman right. Therefore it is fundamental discipline it is extremely necessary for study. It will help to keep track of continuity from ancient lawmaking to the modern right. Also students study work with documents of the Roman laws for further work with codes. One of ways of study is the solution of tasks.
Instruction
1. Tasks of this discipline are not such difficult as tasks in civil and criminal law. It is connected, first of all with the fact that in the Roman right two documents laws are used generally. Nevertheless, the student will be able to analyze further more difficult codes on the basis of the analysis of laws of the Roman right. Therefore the laws "12 tables" and "Justinian's Code" are necessary for the solution of tasks.
2. Start reading of a task. As you can notice, the task of the Roman right represents a certain situation which is quite ordinary for ancient Rome. Usually it is a certain everyday situation. Also pay attention to an era of Rome if on it there is a footnote in a task. It is ridiculous to apply "Justinian's Code" before his emergence. Also you remember that the code covers actually all fields of activity of the Roman and most capaciously states the law. It is much heavier to find necessary norm in the laws "12 tables". Besides in them there are historical gaps.
3. Capture the essense demanded for the decision. As it is possible define the parties of the right and its subject more precisely. Having found out to what type of the right, deals (civil, family, criminal) start search of norm in laws. It is not always easy to find such norm because the writing of laws of ancient Rome differs from modern laws. Therefore as it is possible read more attentively and penetrate into a norm essence. "Justinian's code" has advantage before the laws "12 tables" as it is broken on the industries of the right.
4. Apply the norm found in laws to your task. Remember that at the solution of tasks sometimes it is necessary to estimate several aspects. For example, punishments for commission of crime can be different depending on the status of the Roman. The slave and the free person will be condemned differently. Also consider all facts of the case, such as crime commission, because of blood feud. Putting all facts of the case, and attentively studying laws of the Roman right, you will be able easily to solve problems.