Chapter 1 Effect and Application of Laws

Question 1

What is law?

Answer 1

rule of law, just, obligatory, promulgated by legal authority for common observance and benefir

Question 2

What are the sources of law

Answer 2

spanish civil code 1880, codes, statutes, jurisprudence

Question 3

What are the requirements for the effectivity of administrative laws?

Answer 3

3 certified copy filed with the UP Law Center, within 3 months

Question 4

when is retrospective application of law allowed?

Answer 4

when the purpose is expressly declared or is necessarily implied from the language used. ex. Revised Penal code, as they give favor to the person guilty with felony who is not a habitual criminal.

Question 5

what is ex post facto law?

Answer 5

A law that is passed after an occurrence that changes the law at the time the act occurred; e.g., a law that creates 177 extension criminal penalties for an act that was not a crime when it was committed; ex post facto laws are prohibited by the Constitution.

Question 6

what is a mandatory law?

Answer 6

acts shall not be done unless otherwise designated

Question 7

what is directory law?

Answer 7

mere matter of form, not material and does not affect any substantial right. for purposes of instruction

Question 8

what does void mean?

Answer 8

not existing in the eyes of the law. produces no rights, no duties, no protection, no legal effect - thus inoperative

Question 9

when are acts against mandatory or prohibitory laws considered not void?

Answer 9

ex. marriage of unatuhorized solemnizing officer is considered void, but if both parties are in good faith, the marriage shall be considered valid

Question 10

what is a waiver?

Answer 10

voluntary and intentional relinquishment of a known existing legal right

Question 11

what are the rights covered by the waiver rule?

Answer 11

every concervable right. any matter that affects his property and any alienable right or privilege

Question 12

what are the 3 requisites for a valid waiver

Answer 12

existence of the right, knowlegde of the existence of right, intention to relinquish

Question 13

when is waiver allowed?

Answer 13

for his sole benefit, and does not infringe on on the rights of others

Question 14

when is waiver not allowed?

Answer 14

cannot be during marriage except in case of judicial separation of property

Question 15

what are the two modes a law may be repealed?

Answer 15

expressly and impliedly

Question 16

what prevails if there is a conflict between special and general law?

Answer 16

special law prevails over general law

Question 17

what happens if a repealing law is repealed

Answer 17

the repeal of the repealing law revives the prior law, UNLESS the repealing statute provides otherwise

Question 18

what are the different courts in the Pi?

Answer 18

Metro Trial, Muni Trial, Reg Trial, CA, SC

Question 19

what is the doctrine of stare decisis?

Answer 19

adherence to judicial precedence. once a question has been examined and decided, it is deemed settled and closed to further arguments

Question 20

what is ratio decidendi?

Answer 20

the reason for the decision. principle or rule of law

Question 21

obiter dictum

Answer 21

opinion expressed. not necessary to the decision of the case

Question 22

the law is harsh but it is the law

Answer 22

dura lex sed lex

Question 23

what is customn

Answer 23

rule of conduct, formed by repetition of acts uniformly observed as a social rule, legally binding and obligatory

Question 24

pretermission of holiday

Answer 24

the act may be done on the next succeeding day

Question 25

what are the difference between conflict rules and ordinary rules

Answer 25

conflict rules involved foreign element while the latter does not involve foreign element

Question 26

lex loci celebrationis

Answer 26

all marriages solemnized outside of the philippines, in accordance to the laws of the country, shall be valid there, as such shall also be valid here