1.1 Introduction to Law Flashcards
In its widest and most comprehensive sense, the term law means
any rule of action or any system of uniformity.
Thus, law in general, determines not only the activities of men as a rational being but also the movements or motions of all ___________________.
objects of creation, whether inanimate or animate.
Law is promulgated and enforced by state.
state law
Law which is not promulgated and enforced by state.
divine law, natural law, moral law and physical law.
is the law of religion and faith which concerns itself with the concept of sin and salvation
Divine Law
It is formally promulgated by God and revealed and divulged to mankind by means of direct revelation.
Divine Law
a body of law or a specific principle held to be derived from nature and binding upon human society in the absence of or in addition to positive law
NATURAL LAW
a general rule of right living; especially : such a rule or group of rules conceived as universal and unchanging and as having the sanction of God’s will, of conscience, of man’s moral nature, or of natural justice as revealed to human reason <the basic protection of rights is the moral law based on man’s dignity — Time>
MORAL LAW
is a system of guidelines for behaviour. These guidelines may or may not be part of a religion, codified in written form, or legally enforceable.
MORAL LAW
is a scientific generalization based on empirical observations of physical behaviour (i.e. the law of nature).
PHYSICAL LAW
the law that is promulgated and enforced by the state. This law is also called positive law, municipal law, civil law or imperative law
STATE LAW
It is the law that we refer to when we speak of law in connection with obligations and contracts, marriage, the administration of justice, the conduct of elections and the entire governmental process itself
STATE LAW
CHARACTERISTICS OF LAW:
the law tells us what shall be done and what shall not be done. As a rule of human conduct, law takes cognizance of external acts only
It is a rule of conduct
CHARACTERISTICS OF LAW:
law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience.
It is obligatory
CHARACTERISTICS OF LAW:
in a democratic country like the Philippines, the legitimate or competent authority is the legislature. Under the Constitution, laws are enacted by the Congress, the legislative branch of our government
It is promulgated by legitimate authority