introduction Flashcards
any rule of action, any system of uniformity
law
law of religion and good faith, divine revelation, 10 commandments
divine law
moral nature, inner nature of humans, instincts
natural law
norms, customs of society, right & wrong of a
community
moral law
law of physical science, gravity
physical law
positive / municipal / civil / imperative law
state law
“the mass of obligatory rules established for the purpose of governing relations of persons in society”
Law may be defined as…
What are the characteristics of law?
- It is a rule of conduct
- It is obligatory
- It is promulgated by a legitimate authority
- It is of common observance and benefit
What are the sources of law?
- Constitution
- Legislation
- Administrative or executive orders, regulations, and rulings
- Judicial decisions / jurisprudence
- Customs
- Other sources
“The law of obligations and contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts.”
Article 1307
Where is the law on obligations and contracts found?
R.A. 386 also known as the civil code
What do we refer to when we say civil law?
Civil code
Law compared to other means of social control?
- Laws are made and administered by institutions in society authorized to act in behalf of an entire citizenry
- Legal institutions can make rules, regulations, orders which entire citizenry must comply with
- People in organizations can terminate relationship and be free of its rules, but citizens of a state cannot unless they leave the geographical area in which the state is sovereign
- There are many sanctions available to law. Remedial sanction if object is indemnification of a person who suffered damages or injury from a violation of law. Penal sanctions if object is punishment of a violator
- Before law “operates”, there is a “due process”
What are the organization of courts?
- Regular courts
- Special courts
- Quasi-judicial agencies
What are the classifications of law?
- As to its purpose
- As to its object matter
What are the kinds under the first classification of law?
a. substantive law
b. adjective law
What are the kinds under the second classification of law?
a. public law
b. private law
portion of body of law creating, defining, regulating rights and duties
What is substantive law?
remedial law promulgated by supreme court
adjective law
regulates rights and duties arising from relationship of state to the people
public law
regulates relations of individuals with one another
What is private law?
Examples of public law
criminal law, international law, constitutional law, administrative law
Examples of private law
law on obligations and contracts, civil law, commercial law
“Ignorance of the law excuses no one from compliance therewith.”
Article 3, civil code
Conclusive presumptions of law
- If laws will not be binding until they’re known, then social life will be impossible.
- It’s almost impossible to prove the contrary when person claims ignorance of the law.
- It’s absurd to absolve those who don’t know the law and increase the obligation of those who do.
- We carry norms of right and wrong, but in complicated judicial relations, lawyers must be consulted.
- Justice would be defeated if persons could successfully plead ignorance of the law to escape legal consequences.
Necessity and functions of law
- If life without law would be the same as it is, then law is not necessary.
- Law secures justice, resolves social conflicts, orders society, protects interests, control social relations.
- Every citizen should have some understanding of the law and observe it for the common good.
