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2nd Year - 1st Sem (Prelims) > AvLaw > Flashcards

AvLaw Flashcards

1
Q

What is law in its general sense?

A

A rule of action or a norm of conduct

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2
Q

Why should we study the law?

A

Ikaw bahala hehehe

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3
Q

Latin of “Ignorance of the law excuses no one”

A

Ignorantia Legis Neminem Excusat

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4
Q

Classifications of Law

A
  • Natural
  • Positive
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5
Q

An observable law relating to natural phenomena

A

Physical Law

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6
Q

A body of unchanging moral principles regarded as a basis for all human conduct

A

Moral Law

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7
Q

Refers to meta-legal authority. Law is correct if it conforms to human
nature, to divine revelation or to reason.

A

Doctrine of Natural Law

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8
Q

Statutes which have been laid down by a legislature, court, or other human institution and can take whatever form the authors want.

A

Positive Law

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9
Q

We have no means of deriving law from a higher authority. Law is made up of social norms with are generally accepted and adhered to or are formally enacted or are regularly enforced

A

Positivist Doctrine

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10
Q

What is Law in a strict legal sense?

A

It is defined as a rule of conduct, just and obligatory, laid down
by legitimate authority for common observance and benefit. (Sanchez Roman)

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11
Q

The laws serve as guides of an individual in relation to his fellowmen and to his community. What aspect of law is this?

A

Law as a Rule of Conduct

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12
Q

Laws should be fair and its supreme ideal is the sway and dominance of justice. What aspect of law is this?

A

Law as Just

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13
Q

If laws are not enforced, the purpose for which they are intended will not be served. It imposes a duty to obey. What aspect of law is this?

A

Law as Obligatory

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14
Q

Authority to make laws is conferred upon those duly chosen by the sovereign will of the people, and the authority is generally
exercised by the Legislative branch of the government or
Congress. What aspect of law is this?

A

Law as Laid down/promulgated by legitimate authority

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15
Q

Everyone must follow the law, regardless of their religion, political persuasion, and status in life. What aspect of law is this?

A

Law as Common observance and benefit

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16
Q

Sources of Law

A

Legislation
Precedent
Customs

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17
Q

Collective laws and statutes enacted by the Legislative body (Statutory Laws)

A

Legislation

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18
Q

The decisions or principles enunciated by a court of competent jurisdiction on a question of law do not only serve as guides but also authority to be followed by all other courts of equal or inferior jurisdictions in all cases involving the same question until the same is
overruled or reversed by a superior court.

A

Precedent

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19
Q

once a case has been decided one way, then another case involving exactly the same question or point of law should be decided in the same manner.

A

Stare Decisis

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20
Q

Aside from the interpretation of the constitution in case laws, who has the second authority to decide on the ruling of a case in cases where no current law is applicable to a situation?

A

Supreme Court

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21
Q

Have the force of law only when they are acknowledged and approved by society
through long and uninterrupted usage.

A

Customs

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22
Q

Legal Systems

A

Civil Law, Common Law, Mohammedan Law

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23
Q

places a strong emphasis on written legal codes. Legal principles and rules are codified in comprehensive statutes or codes, which serve as the primary source of law.

A

Civil Law

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24
Q

Roman emperor who compiled a code of law around 600 CE

A

Justinian

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25
Q

has greatly influenced the development of civil law systems. Civil law systems often trace their roots back to this law and have
incorporated many of its principles and concepts.

A

Roman Law

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26
Q

Law is the body of rules and principles adopted to guide the Romans in the conduct or observance of their personal and official
affairs without necessarily specifying the period or the time when those rules were adopted or promulgated.

A

Roman Law

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27
Q

is derived from case law and books of authority. It is an unwritten law which does not emanate from the express will of the legislature. Rather, it is founded on maxims, rules and principles derived from time-honored usages and customs which received acceptance from the courts of law.

A

Common Law

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28
Q

Civil Law vs. Common Law in terms of creation

A

Civil - formal law making process
Common - judges ruling

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29
Q

Civil Law vs. Common Law in terms of form

A

Civil - codes and statutes
Common - patterns found by courts in similar cases

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30
Q

Civil Law vs. Common Law in terms of scope

A

Civil - throughout jurisdiction
Common - limited to case at hand

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31
Q

observed by Muslims in Mindanao provided it does not conflict with the general law of the land. It is derived principally
from the Koran and from writings of Islamic jurists.

A

Mohammedan Law

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32
Q

is “law” and law of the highest authoritativeness and obligation. As “supreme law of the land”, it is the ultimate authority to which reference must be made to determine the validity of national laws, administrative regulations,
local ordinances and executive actions.

A

Constitution

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33
Q

defined as a compact made between two or
more independent nations with a view to the public welfare.

A

Treaties and International Agreements

34
Q

Legislation is the formal enactment of laws by competent authority
and in the proper manner. This is the most important source of law
in modern times. In the Philippines, legislation is one of the three
principal sources of our laws. The others are court decisions or
jurisprudence and custom.

A

Statutes

35
Q

acts and commands of the President of the
Philippines touching on the organization or mode of operation of
the government.

A

Administrative Rules and Regulations

36
Q

Who are involved in Ordinances?

A

Autonomous regions and LGUs

37
Q

Who are involved in the decision proper of case laws?

A

Judiciary branch or courts

38
Q

TRUE OR FALSE: A judge can decline to render judgment by reason of the silence, obscurity or insufficiency of laws.

A

FALSE because a judge must use his own judgment or discernment in case of situations where there is insufficiency of laws

39
Q

It is the duty of the judge to apply the law without fear or favor. In
case of doubt in the interpretation or application of the laws, it is presumed that the lawmaking body intended right and justice to
prevail (Art. 10, NCC)

A

Interpretation of laws

40
Q

the court should discover the real intent and
purpose of the legislature. It that intent and purpose can be discovered within the law, it is the duty of the court to carry out that
intention.

A

Application of Laws

41
Q

“that branch of public law, which deals with the organization and operation of the governmental organs of the State and define the relations of the state with the inhabitants of its territory”

A

POLITICAL LAW

42
Q

Scope of Political Law

A
  1. Public Administration
  2. Constitutional Law
  3. Administrative Law
  4. Public Corporations
43
Q

What is Constitutional Law

A

Not only refers to the written instrument (Constitution) but also the cases and interpretation of the Supreme Court based on the constitutional instrument

44
Q

is both a legal document and a political plan.

A

Constitution

45
Q

How is the constitution a legal document?

A

it embodies legal rules

46
Q

How is the constitution a political plan?

A

It embodies political principles

47
Q

It may be more specifically defined as a written instrument organizing the
government, distributing its powers and safeguarding the rights of the
People.

A

Constitution

48
Q

How is the COnstitution a social contract?

A

the people have surrendered their sovereign powers to the State for the common good.

49
Q

It is basic that if a law or an administrative rule violates any norm of
the Constitution, that issuance is null and void and has no effect.

A

Doctrine of Constitutional Supremacy

50
Q

Essential Parts of a Good Constitution

A

Constitution of GOVERNMENT
Constitution of Liberty
Constitution of Sovereignty

51
Q

What is a State?

A

A state is a community of persons, more or less numerous, permanently occupying a fixed
territory and possessed of an independent government organized for political ends to which
the great body of inhabitants render habitual obedience.

52
Q

Elements of a State

A

Territory
People
Sovereignty
Government

53
Q

is the fixed portion of the surface of the earth inhabited by the people of the
State.

A

TERRITORY

54
Q

Philippine territory consists of:

A
  1. Philippine Archipelago
  2. Territories over which the Philippines have jurisdiction on
55
Q

refers simply to the inhabitants of the State.

A

People

56
Q

is the supreme and uncontrollable power inherent in a State by which that
State is governed.

A

Sovereignty

57
Q

is the agency or instrumentality through which the will of the State is
formulated, expressed and realized.

A

Government

58
Q

What is an Archipelago based on the Archipelagic Doctrine

A
  • A group of islands
  • A sea or stretch of water containing islands
59
Q

What is Jus Soli?

A

Citizenship or right of the Soil

60
Q

Jus Sanguinis?

A

Citizenship through the right of blood

61
Q

refers to the State’s authority to govern.

A

Imperium

62
Q

Imperium refers to the State’s authority to govern. It covers such activities. What activities?

A
  • Passing laws
  • Maintaining peace and order
  • Defending against foreign invasion
63
Q

refers to the capacity of the State to own property.

A

Dominium

64
Q

whereby all lands of the public domain belong to the State, and anyone claiming title has the burden to show
ownership, comes within this concept.

A

The Regalian doctrine (Jura Regalia)

65
Q

The Regalian doctrine (Jura Regalia). What is this about?

A

all land belong to the State unless a title is shown to prove otherwise

66
Q

is that institution or aggregate of institutions by which an independent
society makes and carries out those rules of action which are necessary to enable men to
live in a social state, or which are imposed upon the people forming that society by those
who possess the power or authority of prescribing them.

A

Government

67
Q

Branches of Government

A

Legislative
Judiciary
Executive

68
Q

The three (3) inherent powers of the State are:

A
  1. Police Power
  2. Eminent Domain
  3. Taxation
69
Q

It is the sovereign power
to promote and protect
the general welfare.

A

Police Power

70
Q

It is an inherent power of
the State that enables it
to forcibly acquire
private property, which
is intended for public
use, upon the payment
of just compensation to
the owner.

A

Eminent Domain

71
Q

It is the inherent power
of the State to raise
revenues to defray the
expenses of the
government or for any
public purpose.

A

Taxation

72
Q

What is territory based on Archipelagic doctrine?

A

The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.

73
Q

Purpose of Territory according to the Archipelagic Doctrine?

A

Purpose:
1. Territorial Integrity
2. National Security
3. Economic Reasons

74
Q

Government – Separation of Powers

A

Executive –Implementation/enforcement of laws
Legislative – Creation of laws
Judiciary – Interpretation of laws

75
Q

Checks and Balances of Executive

A
  1. To legis - veto bills
  2. To judi - power of pardon
76
Q

Checks and Balances of Legislative

A
  1. To exec - veto override
  2. To judi - amend decisions by enacting new law
77
Q

Checks and Balances of Judiciary

A
  1. Both - declare acts as unconstitutional or invalid
78
Q

Who may exercise legislative powers:

A
  1. Congress
  2. LGU (Sanggunian)
  3. People through initiative or referendum
79
Q

Who may exercise executive powers:

A
  1. Only the president
80
Q

Qualifications of President

A
  1. Natural-BORN citizen
  2. registered voter
  3. ability to read and write
  4. at least 40 years of age
  5. at least 10 year resident of the PH
81
Q

Gives 5 rights under the Bill of Rghts

A
  1. Freedom of Religion
  2. Freedom of Speech and Press
  3. Right of Information
  4. Right of Association
  5. The liberty of abode and travel

2nd Year - 1st Sem (Prelims) (11 decks)

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