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3rd Year (2nd Sem) > LA- Prelims > Flashcards

LA- Prelims Flashcards

1
Q

A system of rules that a society/govt develops to deal with crimes, business agreements, and social relationships. (Collins)

A

Law

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2
Q

Law is a system of rules that a society/govt develops to deal with (3)

A

crimes
business agreements
social relationships

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3
Q

binding custom or practice of a community, a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.

A

Law

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4
Q

TRUE/ FALSE: According to Webster, law is a binding custom/practice of a community formally recognized as binding by any authority.

A

FALSE (any authority- controlling authority)

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5
Q

TRUE/ FALSE: According to Webster, the law is a system of rules that a society/govt develops to deal with crimes, business agreements, and social relationships.

A

FALSE (Webster- Collins)

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6
Q

four (4) characteristics of law

A
  1. rule of human conduct
  2. just and obligatory
  3. promulgated by competent authority
  4. must be observed by all
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7
Q

TRUE/ FALSE: Law has to be taken as standards or norms by the community. It must be taken seriously

A

TRUE

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8
Q

it has to be taken as standards or norms by the community.

A

law

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9
Q

it is about being equitable to the extent that people are obligated to obey.

A

justness of the law

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10
Q

TRUE/ FALSE: The law has no meaning from the start if promulgated by a competent authority.

A

FALSE (promulgated- not promulgated)

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11
Q

TRUE/ FALSE: All is bound to serve the law. No man is above the law.

A

TRUE

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12
Q

need to comply with requirements

A

business agreements

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13
Q

it means knowing your rights

A

social relationships

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14
Q

it means the law should be followed by humans

A

rule of human conduct

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15
Q
  • no law for rich/ poor
  • walang pinipili ang batas (equal)
  • no one is above the law (ignorance of the law excuses no one)
A

just and obligatory

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16
Q

it means it should be done by the House of Representatives and the Senate

A

promulgated by competent authority

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17
Q

it is something that is always done

A

standards/ norms

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18
Q

promulgation of competent authority is divided into

A
  • lawmakers
  • lawbreakers
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19
Q

no man is above the law regardless of

A

age
gender
social status
political affiliations

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20
Q
  • it is a combination of state, local, and international laws
  • controls the different facets and functions of the travel industry
A

tourism law

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21
Q
  • usually about travel
  • necessary to aid in the conservation of natural resources (UNESCO heritage sites) and preservation of cultural traditions
A

tourism law

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22
Q
  • deals with food service, travel, and lodging industries
  • more complex
  • embraces an extensive collection of laws (contracts, torts, damages, and labor
A

hospitality laws

23
Q

hospitality law embraces an extensive collection of laws like:

A
  • contracts
  • torts
  • damages
  • labor
24
Q

the law is divided into two (2)

A

according to purpose
according to scope

25
Q

kinds of laws according to purpose:

A
  1. substantive law
  2. adjective law
26
Q

kinds of laws according to scope:

A
  1. private law
  2. public law
27
Q
  • creates, defines, and regulates rights and duties that can give rise to a cause of action
  • defines the rights and responsibilities of every citizen
A

substantive law

28
Q
  • provides the method of aiding and protecting certain rights
  • deals with rules of procedure governing evidence, pleading, and practice (lawyers should present evidence)
A

adjective law

29
Q

applies to all states or to particular class of persons in the state, with equal force and obligation

A

public law

30
Q

TRUE/ FALSE: public law applies to all states or to a particular class of persons in the state, with opposite force and obligation.

A

FALSE (opposite- equal)

31
Q

examples of public law

A

political law
criminal law
international law

32
Q

relates to a particular class of persons or things (applicable to businessmen)

A

private law

33
Q

example of private law

A

mercantile/ commercial law
maritime law
civil law

34
Q

body of law that deals with international commerce, business transactions, and operations (contracts, copyrights, and franchising)

A

mercantile law

35
Q
  • basic principles and laws of a nation, state, or social group
  • determines the powers and duties of the gov’t and guarantees certain rights of the people
A

constitution

36
Q

TRUE/ FALSE: laws that does not conform to the constitution is valid

A

FALSE (valid- invalid)

37
Q

basic and paramount law that all other laws must conform and to which all people (including highest official) must obey

A

constitution

38
Q

how to change the constitution?

A

charter change- call for referendum (vote yes/no)

39
Q

compact made between 2 or more independent nations with a view to the public welfare (an agreement)

A

treaty

40
Q

TRUE/ FALSE: the constitution is an agreement

A

FALSE (constitution- treaty)

41
Q

an international agreement between requesting and requested states (in under specified conditions) to turn over persons within the jurisdiction and charged with crimes against the requesting.

A

extradition treaty

42
Q

the state shall recognize the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions

A

customs and traditions as bases of law

43
Q
  • first part of the constitution
  • imperative to define as our national territory specifically to the whole world
  • to assert title/ ownership to avoid future conflicts with other nations.
A

national territory

44
Q

composition of the PH territory

A

Art. 1 Section 1 of the 1987 Constitution

45
Q

TRUE/ FALSE: it is imperative to define our national territory specifically to the whole world to assert title/ ownership to avoid future conflicts with other nations.

A

TRUE

46
Q

two (2) compositions of the PH territory

A
  1. the PH archipelago
  2. all territories in which the PH has sovereignty/ jurisdiction
47
Q

three (3) domains in the PH territorial jurisdiction

A

aerial
fluvial
terrestrial

48
Q

three (3) inherent powers of the government

A

1) police power
2) power of eminent domain
3) power of taxation

49
Q

the power of the government to regulate laws and properties for public purpose (cannot make arrest without warrant)

A

police power

50
Q

power of gov’t to acquire private property for public purposes and after payment of just compensation (road widening)

A

power of eminent domain

51
Q

power of gov’t to acquire revenues (vat and withholding tax)

A

power of taxation

52
Q

bill of rights aka

A

declaration of rights/ charter rights of the citizens of a country

53
Q

purpose of the bill of rights

A

to protect these rights against infringement (damage) from public officials and private citizens

54
Q

what is section 1 of the bill of rights?

A

no one shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of laws

3rd Year (2nd Sem) (18 decks)

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