INTRO TO LAW Flashcards
Three Definitions of LAW
It is an ORDINANCE OF REASON
PROMULGATED by a DULY CONSTITUTED AUTHORITY
for the COMMON GOOD of the society
Types of Law
Eternal Law
Natural Law
Human Law
- Criminal Law
- Civil Law
- Public Law
Sources of Positive Law
Constitution
Statutes
Jurisprudence
Basic Principles in Human Laws
- Ignorantia legis neminem excusat.
Ignorance of the law cannot be used as an excuse. - Lex prospicit, non respicit.
Laws shall have no retroactive effect. - Rights may be waived unless the is contrary to:
-Law
- Public policy
- Public Order
- Morals
- Prejudicial to a 3rd person with a right recognized by law
- Good customs - A law can only be repealed by another law and can only be
nullified by the courts on the basis of the 1987 Constitution. - Customs which are contrary to law, public order, or public policy shall not be countenanced.
Importance of Law in Establishing & Regulating a Profession
-It concretizes the profession
-defines the scope and limitations of the profession, to prevent abuse of rights and privileges
-To reiterate that the land values human dignity and rights
-To set the rights, duties, and responsibilities of the people in the profession
TRUE OR FALSE
Ethics is ubiquitous and it fits everywhere.
TRUE
TRUE OR FALSE
Ethics regulate man-made laws.
TRUE
TRUE OR FALSE
Everything that is legal is ethical.
FALSE
Divine will of God (impossible to comprehend)
Eternal Law
Universal in nature (gravity)
Natural Law
Criminal, Civil, Public, and human in nature
Human Law
Highest form of Criminal law
Constitution