Chapter 1 Flashcards
Set of rules created by state institutions which make laws through the authority of the state.
Law
Law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships.
Collins
defined law as a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
Webster (2018)
Important factors in law-making
+ the authority of the state is needed
+ only certain institutions can make law
+ the institutions that make law have been given the authority to do so
+ sanctions exist for breaking the law
+ the sanctions are imposed by those given state authority to do so.
Characteristics of Law
- Rules of Human Conduct
- Just & Obligatory
3.Promulgated by Competent Authority - It must be observed by all
refers to the extent to which persons are obligated to obey it based on their ability to do so
Law’s Fairness
comprises of the Senate and Congress (which consists of District Representatives and Party-List Representatives), is responsible for enacting laws that apply to the whole archipelago.
Legislative Branch
Meaning any action, things, dictate of reason if regulated or gathered together could become a conglomeration of rules, regulations that can create an orderly, peaceful, harmonious relations among the people concerned so that in the end justice will prevail.
Rules of Human Conduct
Treatment of Law should be equal, regardless of sex, creed, age and status in life and to follow the law there should be equivalent punishment or penalties to enforce them.
Just and Obligatory
Commonly abused term on the relation of a criminally inclined poor person and a moneyed person on the treatment of the application of law.
Justice delayed is Justice denied
Any duty binding parties to perform their agreement. (Black’s dict. P. 1074).
Obligatory
Made known to those who are expected to follow it. In a Republican State like the Philippines, we have three branches of government
Promulgated by Competent Authority
The law-making body; the executive body is the implementing body and the judiciary as the enforcing body.
Legislative Body
The application of law should not be titled or favoring an individual but by the observance of all and the benefits that may be derived from it.
It must be observed by all
The people’s wellbeing is the most important law.
Salus populi est suprema lex
Kinds of Law According to Purpose
- Substantive Law
- Adjective Law
Kinds of Law According to Scope
- Private Law
- Public Law
kind of law which creates, defines, and regulates rights and duties that can give rise to a cause of action.
Substantive Law
This provides the method of aiding and protecting certain rights. It is concerned with the means and instruments by which those ends can be achieved
Adjective Law
This law applies to all of the state or to particular class of persons in the state, with equal force and obligation.
Examples: Political Law, Criminal Law, International Law.
Public Law
This law relates to particular class of persons or things.
Examples: Mercantile/Commercial Law, Maritime Law, Civil Law
Private Law
The basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer.
Constitution
Set of laws and concepts that describe how a nation should be governed, how power should be divided and regulated, and what people’ rights should be. It is generally written down and included in a single document.
Constitution
Formal written enactment of a legislative authority that governs a city, state, or country. It typically commands or prohibits something or declare a policy.
Statutes
If a law or contract violates any norm of the constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void (not valid) and without any force and effect.
Supremacy of the Constitution
Governs the relationship between the individual and the state. Its concern is not the relation between individuals, between a private individual and other individuals.
Bill of Rights
The purpose of this is to protect the people against arbitrary and discriminatory use of political power.
Bill of Rights
A law that hears before it condemns; which proceeds upon inquiry, and renders judgement only after trial.
Due Process of Law
Due process is observed-
- There must be notice; and
- There must be hearing or the opportunity to be heard before judgement is rendered.
Limitation on the powers of the government.
Bill of Rights
