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MTLBE > Intro To Law > Flashcards

Intro To Law Flashcards

1
Q

elementary subject or textbook that is introduced to a group of people

A

primer

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2
Q

rule of action; system of uniformity

A

law

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3
Q

movements or motions of all objects of creation, whether animate or inanimate (fallorin, 2015)

A

law

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4
Q

a system of principles and rules of human conduct

A

law

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5
Q

A solemn expression of legislative will. It orders, permits, and forbids

A

law

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6
Q

announces rewards and punishments

A

law

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7
Q

if there is law there is an ___

A

order

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8
Q

true or false

the more law that is being introduces to us, the more chaotic we become

A

true (because everybody can interpret it)

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9
Q

true or false

The wordings or constitution is not primarily lawyers document

A

law

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10
Q

who/what is the ultimate
interpreter of the law

A

supreme court

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11
Q

true or false

Regardless, if there are different interpreter of the law, there many supreme court which can interpret, settle everything, and harmonize

A

false (there is only one)

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12
Q

what pillar of the government is executing law part of?

A

executive

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13
Q

what pillar of goverment promulgates/enacts the law?

A

legislative

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14
Q

what pillar of government maintains checks and balances?

A

judiciary

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15
Q

law which is promulgated and enforced by the state

A

state law

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16
Q

law which is not promulgated and enforced by the state

A

divine law, moral law, natural law, and physical law

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17
Q

it entails punishments, penalties, and incarceration

A

state law

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18
Q

It may or may not deprive our life liberty or property

A

state law

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19
Q

also called positive law, municipal law, civil law or imperative law

A

state law

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20
Q

It is the law that
we are refer to when we speak of law in connection with obligations and contracts, marriage, the administration of justice, the conduct of elections and the entire governmental process itself

A

state law

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21
Q

true or false

only state law is enforced by the state, with the aids of its physical force, if necessary.

A

true

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22
Q

true or false

The fields of state law are same from those of divine law, natural law and moral law. State law does not concern itself with violations of a latter rules of action unless they also constitute violations of its command.

A

false (different)

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23
Q

divine law belongs to?

A

field of philosophical theology

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24
Q

natural law belongs to?

A

meta-physics

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25
Q

moral law belongs to?

A

ethics

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26
Q

physical law belong to?

A

physical science or physica

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27
Q

a divine revelation revealed enacted and promulgated by God

A

divine law

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28
Q

10 commandments is an example of?

A

divine law

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29
Q

Punishments in this law would be the present life or life after death. Either go to hell or heaven or In our present

A

divine law

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30
Q

law of religion and faith which concerns itself with the concept of sin and salvation

A

divine law

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31
Q

A collective interpretation of what is right and wrong based on the society we belong.

A

moral law

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32
Q

true or false

moral law is absolute and does not change

A

false (not absolute and keeps on changing)

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33
Q

a collective sense of right and wrong of every community

A

moral law

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34
Q

a divine inspiration and innate interpretation of what is right and wrong

A

natural law

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35
Q

what is the punishment for natural law?

A

conscience

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36
Q

true or false

natural law and divine law are the same

A

false (They are not. Divine law, as the law of religious faith, is made known to man by means of direct revelation. On the other hand, natural law is said to be impressed in man as the core of his higher self at the very moment of being of, perhaps, even before that)

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37
Q

a course of nature; it talks about the sequence or physical phenomena that we sense and feel

A

physical law

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38
Q

true or false

1st division has nothing to do with 2nd provision, but the moment 2nd division pierces or violated the very command of state law the state law will come and crush the second division or intervene

A

true

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39
Q

tells us what should and should not be done; cognizance of the external act

A

law is a rule of conduct

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40
Q

It is in imperative command and positive command; We have the duty to obey the law, otherwise we will be punished.

A

law is obligatory

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41
Q

It pertains to legislative department; Under constitution, they are empowered to promulgate and enact the law; When it comes to executive department they can promulgate too.

A

law is promulgated by legitimate authority

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42
Q

The law is intended to maintain harmony in the society; Law must be observed otherwise it will cause absurdity; Social life is impossible if you do not follow law.

A

law is for common observation and benefit

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43
Q

The supreme law of the land or the fundamental law of the land.

A

constitution

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44
Q

It is considered that all provisions are incorporated in all contracts and all laws. Therefore, all laws should follow this

A

constitution

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45
Q

true or false

If the supreme court decide that it is unconstitutional, then it will be a scrap.

A

true

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46
Q

a written instrument by which the
fundamental powers of the government are established, limited, and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people

A

the constitution of the republic of the philippines

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47
Q

consists in the declaration of legal rules by a competent authority, it is the preponderant of law in the Philippines

A

legislation

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48
Q

acts passed by the legislature

A

enacted/statute law

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49
Q

it includes ordinaces encated by local governments

A

legislation

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50
Q

this is like a general instruction

A

enabling law (e.g. law: bawal kumain; enabling law: ano ang hindi pwedeng kainin)

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51
Q

true or false

all provisions of the constitution are said to be self-executing

A

false (not all)

52
Q

this is the supplementary or enabling law

A

legislation

53
Q

this is why there are many laws

A

legislative statute

54
Q

what do you call if the law was enacted

A

statute

55
Q

congress consists of what?

A

2 chambers house of reps and senates

56
Q

this part of legislate will enact and promulgate law

A

congress (2 chambers)

57
Q

A legislative way to statute a written law pass by the ____

A

legislative body

58
Q

a competent authority granted by the constitution to enact or legislate and then pass it to become a law

A

legislative body

59
Q

they are those issued by administrative officials under legislative authority

A

administrative/executive orders

60
Q

issued by the executive department under the legislative authority

A

administrative/executive orders

61
Q

true or false

Rules, procedures, and implementing rules and regulation are made by the executive because there is an enabling law which is given by the legislative for a particular law to be executed

A

true

62
Q

this is to promulgate or implement rules aand regulation

A

executive work

63
Q

true or false

When there is an IRR (Implementing Rules and Regulation) that was enacted by the legislation, then the executive department will also make IRR in the form of administrative order or executive order.

A

true

64
Q

these are the cases decided by the supreme court

A

judicial decision or judisprudence

65
Q

they interpret the law

A

judiciary

66
Q

true or false

If a particular law was already interpreted, then the interpretation will form part of that law, therefore it is a source of law

A

true

67
Q

the decisions of the supreme court on a point of law are binding all subordinate courts

A

doctrine or precedent/stare decisis

68
Q

true or false

the supreme court cannot reverse or modify any of the previous ruling

A

false (they may)

69
Q

consists of habits and practices used in a very long time without interruption

A

customs

70
Q

they should follow the rules of court and civil code

A

customs

71
Q

portions of the law which creates and defines right and duties either private or public

A

susbtantive law

72
Q

describes the manner or procedure on how we enforce our rights and redress the violations

A

adjective law

73
Q

regulates the rights and duties between state and the people

A

public law

74
Q

in this law the perpetrator disturbs the peace and order of the state

A

public law

75
Q

regulates relations of the individuals (purely individual and for private ends)

A

private law

76
Q

true or false

Ignorance of the law excuses everyone from compliance therewith

A

false (no one)

77
Q

Because most lawyers cannot enforce due to their being unknown to many

A

social life impossibility

78
Q

It is almost impossible to prove the contrary when a person claims ignorance of the law

A

proving the guilt is difficult

79
Q

It is absurd to absolve those who do not know the law and increase the obligations of those who know it

A

absurdity

80
Q

We carry norms of right and wrong, and a sense of duty

A

conscience issues

81
Q

identify what step from the three readings

entitled from a particular committee.

A

1st reading

82
Q

identify what step from the three readings

deliberation of plenaries

A

2nd reading

83
Q

identify what step from the three readings

law will be voted upon

A

3rd reading

84
Q

true or false

If there are other bills of the same nature or purpose, they may all be consolidated into one bill under a common authorship or as a committee bill.

A

true

85
Q

the most important stage in the passage of the bill

A

2nd reading

86
Q

in this step the bill is approved and printed in its final form

A

2nd reading

87
Q

how many days before the third reading should the copies of the bill be distributed?

A

3 days before

88
Q

in this step the member merely register their votes, and explain them if they are allowed by the rules; no debate is allowed

A

3 reading

89
Q

involves the reading of the number and title of the measure

A

1st reading

90
Q

with whom is the bill introduced to?

A

house of reps/senate except for some measures that must originate only in the former chamber

91
Q

when can the bill be killed

A

after public hearings are first held

92
Q

after the bill is approved by the second house where would it be submitted to?

A

the presidentt

93
Q

what does the bill need to be finally approved?

A

signature of the senate president or speaker and secretary, and approved by the president

94
Q

true or false

personal initiative and sponsorship from a congress is valid

A

false (Personal initiative is invalid but sponsorship from a congress is valid)

95
Q

true or false

sponsor must be a member of congress that will introduce the bill into the chamber

A

true

96
Q

article VI section 27 of the 1987 constitution

A

approval of the bill

97
Q

the bill that came from the congress

A

enrolled bill

98
Q

when can a vetoed bill be overriden

A

2/3 vote of each house

99
Q

means this is not good or does not benefit the majority

A

vetoes

100
Q

certain provisions that can be changed

A

pocket veto

101
Q

this is when the president received the bill

A

reckoning period

102
Q

what day is it considered if the president received the enrolled bill?

A

1st day

103
Q

how many days after the president did not sign or did not give any attention to the bill before it can become a law?

A

30 days

104
Q

how many days will the bill be effective after its publication?

A

15 days after the publication

105
Q

process of discovering the meaning and intention of the authors of the law

A

statutory construction

106
Q

if there is ambiguity in respect to the language, then use _____

A

intrinsic aid

107
Q

when the ambiguity is the intent of the law and it cannot be ascertained using the words like intrinsic aid, then use _____

A

extrinsic aid and construe the law

108
Q

When the law speaks in clear and categorical language

A

apply the law

109
Q

When there is ambiguity in the
language of the law, ascertain legislative intent by making use of intrinsic aids, or those found in the law itself

A

interpret the law

110
Q

When the intent of the legislature cannot be ascertained by merely making use of intrinsic aids, the court should resort to extrinsic aids, or those found outside the language of the law

A

construe the law

111
Q

true or false

However, the interpretation of anybody is not necessarily conclusive nor can bind the courts

A

true

112
Q

consists of title, preamble, words, phrases and sentences, context, punctuation, headings and marginal notes, legislative definitions and interpretation clauses. All of these are found in the law itself.

A

instrinsic aids

113
Q

consists of contemporaneous circumstances, policy, legislative history of the statute, contemporaneous or practical construction, executive construction, legislative construction and the construction of the bar and legal commentators.

A

extrinsic aid

114
Q

Latin words or phrase that is incorporated in the decision of the court to add elegance or emphasis

A

legal maxims

115
Q

the law looks forward, nor backwards

A

lex prospicit, non respicit

116
Q

law provides for the future, the judge for the past

A

lex de futuro, judex de praterito

117
Q

The law maybe harsh but it is the law

A

Dura Lex Sed Lex

118
Q

The reason of the law is its soul

A

Ratio Legis Est Anima

119
Q

A general does not nullify the special law

A

Generalia Specialibus Non derogant

120
Q

when the language of the law is clear, no explanation of it is required

A

absolute sentencia, expositre non indiget

121
Q

the best interpreter of the statute is itself

A

optima statuti interpretatix est insum stratutum

122
Q

interpretation according to spirit

A

ratio legis

123
Q

when the reason for the law ceases, the law ceases to exist

A

cessante ratione cessate ipsa lex

124
Q

express mention is implied exclusion

A

expresio unius est exclusio alterius

125
Q

a general does not mullify a special law

A

generalia specialibus non derogant

126
Q

where the law does not distinguish we should not distiguish

A

ubi lex non distinguit nea nos distinguere debemos

127
Q
A

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