SOCIOLOGY OF LAW Flashcards
(32 cards)
the set of rules and regulations that every person should follow.
Law
Refers to the law of God (10 commandments)
Devine Law
Common law being followed by the individual.
Natural law
Evil itself
Mala in se
The Law created by the legislators. The laws which are not defined under the Revised Penal Code.
Statutory Law
Prohibited Evil
Mala Prohibita
Is the branch or division of law which defines crimes, treats of their nature, and provides for their punishment.
Criminal law
Revised Penal Code took effect on _____ by virtue of ______.
January 1, 1932; Act no. 3815
RPC stands for ______.
Revised Penal Code
It deals with the general principle of criminal law, computation of penalties, extinguishment of penalties, among others.
Revised Penal Code Book 1
It deals with different crimes, together with their elements and corresponding penalty.
Revised Penal Code Book 2
containing Articles 114 to 367.
RPC book 2
containing Articles 1 to 113
RPC book 1
Purpose of Criminal Law
Retribution
Deterrence
Social Control
Punishment
Equity
“Actus non facit reum nisi mens sit rea” means
The act itself does not make a man guilty unless his intention were so.
“Actus me invito factus non est meus actus” means
An act done by me against my will is not my act.
“El que es causa de la causa es causa del mal causado” means
He who is the cause of the cause is the cause of the evil caused.
“Nullum crimen, nulla poena sine lege”
There is no crime if there is no law that punishes the act.
“Damnum Absque Injuria” means
Damage without injury.
“Dura lex sed Lex
The Law may be harsh but it is the Law.
Characteristic of criminal law states that as a rule, the criminal law is binding on all persons who live or sojourn in the Philippine territory. (Art. 14 of the Philippine New Civil Code)
General
Characteristic of criminal law states that as a rule, the criminal law undertakes to punish crimes committed within the Philippine territory.
Territorial
Such crimes are not triable in the courts in the country where the vessel is located, unless their commission affects the peace and security of the territory or the safety of the State is endangered
French rule
Such crimes are triable in the country where the vessel is located, unless they merely affect things within the vessel or they refer to the internal management thereof.
English rule