Chapter 1 Effect and Application of Laws Flashcards
What is law?
rule of law, just, obligatory, promulgated by legal authority for common observance and benefir
What are the sources of law
spanish civil code 1880, codes, statutes, jurisprudence
What are the requirements for the effectivity of administrative laws?
3 certified copy filed with the UP Law Center, within 3 months
when is retrospective application of law allowed?
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.
what is ex post facto law?
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.
what is a mandatory law?
acts shall not be done unless otherwise designated
what is directory law?
mere matter of form, not material and does not affect any substantial right. for purposes of instruction
what does void mean?
not existing in the eyes of the law. produces no rights, no duties, no protection, no legal effect - thus inoperative
when are acts against mandatory or prohibitory laws considered not void?
ex. marriage of unatuhorized solemnizing officer is considered void, but if both parties are in good faith, the marriage shall be considered valid
what is a waiver?
voluntary and intentional relinquishment of a known existing legal right
what are the rights covered by the waiver rule?
every concervable right. any matter that affects his property and any alienable right or privilege
what are the 3 requisites for a valid waiver
existence of the right, knowlegde of the existence of right, intention to relinquish
when is waiver allowed?
for his sole benefit, and does not infringe on on the rights of others
when is waiver not allowed?
cannot be during marriage except in case of judicial separation of property
what are the two modes a law may be repealed?
expressly and impliedly
what prevails if there is a conflict between special and general law?
special law prevails over general law
what happens if a repealing law is repealed
the repeal of the repealing law revives the prior law, UNLESS the repealing statute provides otherwise
what are the different courts in the Pi?
Metro Trial, Muni Trial, Reg Trial, CA, SC
what is the doctrine of stare decisis?
adherence to judicial precedence. once a question has been examined and decided, it is deemed settled and closed to further arguments
what is ratio decidendi?
the reason for the decision. principle or rule of law
obiter dictum
opinion expressed. not necessary to the decision of the case
the law is harsh but it is the law
dura lex sed lex
what is customn
rule of conduct, formed by repetition of acts uniformly observed as a social rule, legally binding and obligatory
pretermission of holiday
the act may be done on the next succeeding day
what are the difference between conflict rules and ordinary rules
conflict rules involved foreign element while the latter does not involve foreign element
lex loci celebrationis
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