M1U1 Flashcards

(47 cards)

1
Q

definition of law under our legal system is the one given by

A

Spanish jurist Sanchez Roman

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2
Q

Sanchez Roman distinguished law between two senses:

A

the general sense and the specific sense

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3
Q

the science of moral laws based on the rational nature of man.

A

Law (derecho) in the General Sense

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4
Q

These rules of conduct are just and obligatory

A

Law (ley) in the specific sense

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5
Q

They are promulgated by legitimate authority

A

Law (ley) in the specific sense:

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6
Q

rules established by an instrumentality of the State - usually the Congress

A

Law in the specific sense

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7
Q

General division of law:

A

Law in its strict legal sense
Law in the non-legal sense

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8
Q

the law of religion and faith that deals with the concept of sin and salvation; believed to come directly from God

A

Divine Law

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9
Q

human beings possess intrinsic values that govern our reasoning and behavior.

A

Natural Law

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10
Q

the totality of the norms of good and right conduct is based on the collective sense of right and wrong of every community

A

Moral Law

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11
Q

the law of cause and effect. It affects not only people as rational beings but other things as well.

A

Physical Law

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12
Q

Law promulgated and enforced by the state.

A

State Law

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13
Q

Characteristics of state law:

A

A rule of conduct
Obligatory
Promulgated by legitimate authority
Of common observance and benefit

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14
Q

it tells people what to do and what not to do. It applies only to external conduct. In other words, what is only in the thoughts and minds is not covered by state law

A

A rule of conduct

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15
Q

it imposes a duty to obey. Otherwise there is a corresponding sanction or punishment

A

Obligatory

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16
Q

in the Philippines that legitimate authority is the legislative department or the Congress

A

Promulgated by legitimate authority

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17
Q

Laws made by the Congress are called

A

statutes, legislations or republic acts.

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18
Q

law must be observed by all for the benefit of all

A

Of common observance and benefit

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19
Q

Sources of Law:

A

Constitution
Legislation
Administrative
Judicial decisions or jurisprudence
Custom
Other Sources

20
Q

the fundamental law or supreme law, the highest law of the land

21
Q

the fundamental law or supreme law, the highest law of the land

22
Q

laws enacted by Congress

23
Q

purpose is to implement, explain or provide the details of legislations

A

Administrative

24
Q

decisions of the Supreme Court form part of our legal system

A

Judicial decisions or jurisprudence

25
habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct
Custom
26
may apply a custom only if there is no law or statute exactly applicable to resolve it
Custom
27
courts resort to them only in the absence of all other sources
Other Sources
28
highest court
supreme court
29
vested in the Judicial Department of the government which comprises of the Supreme Court and other lower courts.
Judicial power
30
consists of hierarchy of courts with a pyramid-like structure with the Supreme Court on top
judicial system
31
hear and decide almost all cases not falling under the jurisdiction of special courts
Regular Court
32
hear and decide special cases. These are the Sandiganbayan, Court of Tax Appeals and Sharia Courts.
Special Court
33
regular and special courts because they too hear and decide actual cases and controversies
quasi - judicial agencies
34
As to its purpose:
Substantive law Adjective law
35
creates and defines rights and duties which may be either public or private character
Substantive law
36
prescribes the manner or procedure by which rights may be enforced or their violations redressed
Adjective law
37
As to subject matter:
Public law Private law
38
regulates the rights and duties arising from the relationship of the state to the people
Public law
39
regulates the relations of individuals with one another for purely private end
Private law
40
sources of obligations and the rights and duties arising from agreements and the particular contracts
Law on Obligations and Contracts
41
body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters
Civil Laws
42
a collection of different civil laws and has 2270 articles
Civil Code
43
The Civil Code took effect on
August 30, 1950
44
The rule is
ignorance of the law excuses no one from complying with the law
45
the act of any person who, with intent to gain for himself
Fencing
46
includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing
Fence
47
Anti-Fencing Law
Presidential Decree 1612