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
CHARACTERISTICS OF LAW:
The law is intended by man to serve man to maintain harmony in society and to make order and co – existence possible. The law must therefore be observed by all for the benefit of all.
It is common observance and benefit
defined as the “written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people.
Constitution
It is often referred to as the fundamental laws or supreme law or the highest law of the land because it is promulgated by the people themselves.
Constitution
It is binding on all individual citizens and all agencies of the government. It is the law to which all other laws enacted by the legislature must conform.
Constitution
it consists in the declaration of legal rules by a competent authority. It is the preponderant of law in the Philippines
Legislation
they are those issued by administrative officials under legislative authority.
Administrative or executive orders, regulations and rulings
The decisions of the courts, particularly the Supreme Court applying or interpreting the laws or Constitution form part of the legal system of the Philippines. The decisions of a superior court on a point of law are binding on all subordinated courts.
Judicial decisions or jurisprudence
it consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct
Custom
“It has the force of law when recognized and enforced by the state”
Custom
Classifications of Law:
portion of the body of law creating and defining rights and duties which may be either public or private in character, example is the law on obligations and contracts
Substantive law
Classifications of Law:
portion of the body of law describing the manner or procedure by which rights “may be enforced or their violations redressed. Sometimes this is called remedial law or procedural law. The provision of law which says that actions for the recovery of the real property shall be filed with the Regional Trial court of the region where the property or any part thereof lies, is an example of private ___________
Adjective law
the body of legal rules which regulates the rights and duties arising from the relationship of the state of the people
Public Law
An example of public law, which defines crimes and provides for their punishment. In legal theory, when a person commits a crime, he violates not only the right of the individual victim but primarily that of the state because the crime disturbs the peace and order of the state.
criminal law
law which governs the relations among nations or states
International Law
law which governs the relation between the state and its citizens
constitutional law
the body of the rules which regulates the relations of individuals with one another for purely private ends
Private Law
______is that branch of private law which provides for the means by which private rights maybe enforced.
Civil
“the written will of the legislature, solemnly expressed according to the forms necessary to constitute a law of the state”.
statute
