Intro To Law Flashcards
elementary subject or textbook that is introduced to a group of people
primer
rule of action; system of uniformity
law
movements or motions of all objects of creation, whether animate or inanimate (fallorin, 2015)
law
a system of principles and rules of human conduct
law
A solemn expression of legislative will. It orders, permits, and forbids
law
announces rewards and punishments
law
if there is law there is an ___
order
true or false
the more law that is being introduces to us, the more chaotic we become
true (because everybody can interpret it)
true or false
The wordings or constitution is not primarily lawyers document
law
who/what is the ultimate
interpreter of the law
supreme court
true or false
Regardless, if there are different interpreter of the law, there many supreme court which can interpret, settle everything, and harmonize
false (there is only one)
what pillar of the government is executing law part of?
executive
what pillar of goverment promulgates/enacts the law?
legislative
what pillar of government maintains checks and balances?
judiciary
law which is promulgated and enforced by the state
state law
law which is not promulgated and enforced by the state
divine law, moral law, natural law, and physical law
it entails punishments, penalties, and incarceration
state law
It may or may not deprive our life liberty or property
state law
also called positive law, municipal law, civil law or imperative law
state law
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
state law
true or false
only state law is enforced by the state, with the aids of its physical force, if necessary.
true
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.
false (different)
divine law belongs to?
field of philosophical theology
natural law belongs to?
meta-physics
moral law belongs to?
ethics
physical law belong to?
physical science or physica
a divine revelation revealed enacted and promulgated by God
divine law
10 commandments is an example of?
divine law
Punishments in this law would be the present life or life after death. Either go to hell or heaven or In our present
divine law
law of religion and faith which concerns itself with the concept of sin and salvation
divine law
A collective interpretation of what is right and wrong based on the society we belong.
moral law
true or false
moral law is absolute and does not change
false (not absolute and keeps on changing)
a collective sense of right and wrong of every community
moral law
a divine inspiration and innate interpretation of what is right and wrong
natural law
what is the punishment for natural law?
conscience
true or false
natural law and divine law are the same
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)
a course of nature; it talks about the sequence or physical phenomena that we sense and feel
physical law
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
true
tells us what should and should not be done; cognizance of the external act
law is a rule of conduct
It is in imperative command and positive command; We have the duty to obey the law, otherwise we will be punished.
law is obligatory
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.
law is promulgated by legitimate authority
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.
law is for common observation and benefit
The supreme law of the land or the fundamental law of the land.
constitution
It is considered that all provisions are incorporated in all contracts and all laws. Therefore, all laws should follow this
constitution
true or false
If the supreme court decide that it is unconstitutional, then it will be a scrap.
true
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
the constitution of the republic of the philippines
consists in the declaration of legal rules by a competent authority, it is the preponderant of law in the Philippines
legislation
acts passed by the legislature
enacted/statute law
it includes ordinaces encated by local governments
legislation
this is like a general instruction
enabling law (e.g. law: bawal kumain; enabling law: ano ang hindi pwedeng kainin)
true or false
all provisions of the constitution are said to be self-executing
false (not all)
this is the supplementary or enabling law
legislation
this is why there are many laws
legislative statute
what do you call if the law was enacted
statute
congress consists of what?
2 chambers house of reps and senates
this part of legislate will enact and promulgate law
congress (2 chambers)
A legislative way to statute a written law pass by the ____
legislative body
a competent authority granted by the constitution to enact or legislate and then pass it to become a law
legislative body
they are those issued by administrative officials under legislative authority
administrative/executive orders
issued by the executive department under the legislative authority
administrative/executive orders
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
true
this is to promulgate or implement rules aand regulation
executive work
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.
true
these are the cases decided by the supreme court
judicial decision or judisprudence
they interpret the law
judiciary
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
true
the decisions of the supreme court on a point of law are binding all subordinate courts
doctrine or precedent/stare decisis
true or false
the supreme court cannot reverse or modify any of the previous ruling
false (they may)
consists of habits and practices used in a very long time without interruption
customs
they should follow the rules of court and civil code
customs
portions of the law which creates and defines right and duties either private or public
susbtantive law
describes the manner or procedure on how we enforce our rights and redress the violations
adjective law
regulates the rights and duties between state and the people
public law
in this law the perpetrator disturbs the peace and order of the state
public law
regulates relations of the individuals (purely individual and for private ends)
private law
true or false
Ignorance of the law excuses everyone from compliance therewith
false (no one)
Because most lawyers cannot enforce due to their being unknown to many
social life impossibility
It is almost impossible to prove the contrary when a person claims ignorance of the law
proving the guilt is difficult
It is absurd to absolve those who do not know the law and increase the obligations of those who know it
absurdity
We carry norms of right and wrong, and a sense of duty
conscience issues
identify what step from the three readings
entitled from a particular committee.
1st reading
identify what step from the three readings
deliberation of plenaries
2nd reading
identify what step from the three readings
law will be voted upon
3rd reading
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.
true
the most important stage in the passage of the bill
2nd reading
in this step the bill is approved and printed in its final form
2nd reading
how many days before the third reading should the copies of the bill be distributed?
3 days before
in this step the member merely register their votes, and explain them if they are allowed by the rules; no debate is allowed
3 reading
involves the reading of the number and title of the measure
1st reading
with whom is the bill introduced to?
house of reps/senate except for some measures that must originate only in the former chamber
when can the bill be killed
after public hearings are first held
after the bill is approved by the second house where would it be submitted to?
the presidentt
what does the bill need to be finally approved?
signature of the senate president or speaker and secretary, and approved by the president
true or false
personal initiative and sponsorship from a congress is valid
false (Personal initiative is invalid but sponsorship from a congress is valid)
true or false
sponsor must be a member of congress that will introduce the bill into the chamber
true
article VI section 27 of the 1987 constitution
approval of the bill
the bill that came from the congress
enrolled bill
when can a vetoed bill be overriden
2/3 vote of each house
means this is not good or does not benefit the majority
vetoes
certain provisions that can be changed
pocket veto
this is when the president received the bill
reckoning period
what day is it considered if the president received the enrolled bill?
1st day
how many days after the president did not sign or did not give any attention to the bill before it can become a law?
30 days
how many days will the bill be effective after its publication?
15 days after the publication
process of discovering the meaning and intention of the authors of the law
statutory construction
if there is ambiguity in respect to the language, then use _____
intrinsic aid
when the ambiguity is the intent of the law and it cannot be ascertained using the words like intrinsic aid, then use _____
extrinsic aid and construe the law
When the law speaks in clear and categorical language
apply the law
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
interpret the law
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
construe the law
true or false
However, the interpretation of anybody is not necessarily conclusive nor can bind the courts
true
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.
instrinsic aids
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.
extrinsic aid
Latin words or phrase that is incorporated in the decision of the court to add elegance or emphasis
legal maxims
the law looks forward, nor backwards
lex prospicit, non respicit
law provides for the future, the judge for the past
lex de futuro, judex de praterito
The law maybe harsh but it is the law
Dura Lex Sed Lex
The reason of the law is its soul
Ratio Legis Est Anima
A general does not nullify the special law
Generalia Specialibus Non derogant
when the language of the law is clear, no explanation of it is required
absolute sentencia, expositre non indiget
the best interpreter of the statute is itself
optima statuti interpretatix est insum stratutum
interpretation according to spirit
ratio legis
when the reason for the law ceases, the law ceases to exist
cessante ratione cessate ipsa lex
express mention is implied exclusion
expresio unius est exclusio alterius
a general does not mullify a special law
generalia specialibus non derogant
where the law does not distinguish we should not distiguish
ubi lex non distinguit nea nos distinguere debemos
