introduction

Question 1

any rule of action, any system of uniformity

Answer 1

law

Question 2

law of religion and good faith, divine revelation, 10 commandments

Answer 2

divine law

Question 3

moral nature, inner nature of humans, instincts

Answer 3

natural law

Question 4

norms, customs of society, right & wrong of a
community

Answer 4

moral law

Question 5

law of physical science, gravity

Answer 5

physical law

Question 6

positive / municipal / civil / imperative law

Answer 6

state law

Question 7

“the mass of obligatory rules established for the purpose of governing relations of persons in society”

Answer 7

Law may be defined as…

Question 8

What are the characteristics of law?

Answer 8

1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by a legitimate authority
4. It is of common observance and benefit

Question 9

What are the sources of law?

Answer 9

1. Constitution
2. Legislation
3. Administrative or executive orders, regulations, and rulings
4. Judicial decisions / jurisprudence
5. Customs
6. Other sources

Question 10

“The law of obligations and contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts.”

Answer 10

Article 1307

Question 11

Where is the law on obligations and contracts found?

Answer 11

R.A. 386 also known as the civil code

Question 12

What do we refer to when we say civil law?

Answer 12

Civil code

Question 13

Law compared to other means of social control?

Answer 13

1. Laws are made and administered by institutions in society authorized to act in behalf of an entire citizenry
2. Legal institutions can make rules, regulations, orders which entire citizenry must comply with
3. People in organizations can terminate relationship and be free of its rules, but citizens of a state cannot unless they leave the geographical area in which the state is sovereign
4. There are many sanctions available to law. Remedial sanction if object is indemnification of a person who suffered damages or injury from a violation of law. Penal sanctions if object is punishment of a violator
5. Before law “operates”, there is a “due process”

Question 14

What are the organization of courts?

Answer 14

1. Regular courts
2. Special courts
3. Quasi-judicial agencies

Question 15

What are the classifications of law?

Answer 15

1. As to its purpose
2. As to its object matter

Question 16

What are the kinds under the first classification of law?

Answer 16

a. substantive law
b. adjective law

Question 17

What are the kinds under the second classification of law?

Answer 17

a. public law
b. private law

Question 18

portion of body of law creating, defining, regulating rights and duties

Answer 18

What is substantive law?

Question 19

remedial law promulgated by supreme court

Answer 19

adjective law

Question 20

regulates rights and duties arising from relationship of state to the people

Answer 20

public law

Question 21

regulates relations of individuals with one another

Answer 21

What is private law?

Question 22

Examples of public law

Answer 22

criminal law, international law, constitutional law, administrative law

Question 23

Examples of private law

Answer 23

law on obligations and contracts, civil law, commercial law

Question 24

“Ignorance of the law excuses no one from compliance therewith.”

Answer 24

Article 3, civil code

Question 25

Conclusive presumptions of law

Answer 25

1. If laws will not be binding until they’re known, then social life will be impossible.
2. It’s almost impossible to prove the contrary when person claims ignorance of the law.
3. It’s absurd to absolve those who don’t know the law and increase the obligation of those who do.
4. We carry norms of right and wrong, but in complicated judicial relations, lawyers must be consulted.
5. Justice would be defeated if persons could successfully plead ignorance of the law to escape legal consequences.

Question 26

Necessity and functions of law

Answer 26

1. If life without law would be the same as it is, then law is not necessary.
2. Law secures justice, resolves social conflicts, orders society, protects interests, control social relations.
3. Every citizen should have some understanding of the law and observe it for the common good.