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Introduction to Law > Introduction to Law > Flashcards

Introduction to Law Flashcards

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1
Q

This law derives its force and authority from God. It is superior to other laws. It is binding upon the whole world and in all countries.

A

Natural Law

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2
Q

This law is promulgated expressly or indirectly by competent human authority for the common good, and usually, but not necessarily, imposing sanctions in case of disobedience.

A

Human Positive Law

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3
Q

Universal rule of action that governs the conduct and movement of things which are non-free and material. (Ex. Law of gravity)

A

Physical Law

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4
Q

Set of rules which establishes what is right and what is wrong as dictated by the human conscience.

A

Moral Law

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5
Q

A kind of Human Positive Law in which it has to be complied with, because they are expressive of public policy; disobedience is punished either by direct penalties or by considering an act or contract void.

A

Mandatory and/or Prohibitory

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6
Q

A kind of Human Positive Law where those which may be deviated from, if the individual so desires.

A

Permissive or Suppletory Laws

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7
Q

A kind of Human Positive Law that which governs the relations of the individual with the State or ruler or community as a whole. (This includes – Political Law, Criminal Law, and Law on Taxation)

A

Public Law

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8
Q

A kind of Human Positive Law that which regulates the relation of the members of a community with one another. (This includes – of Civil Law, Labor Law, and Commercial Law)

A

Private Law

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9
Q

A kind of human positive law wherein it establishes rights and duties (ex. CIVIL CODE, ObliCon, Sales, Persons and Family)

A

Substantive Law

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10
Q

A kind of Human Positive Law that which prescribes the manner of enforcing legal rights and claims (ex. Criminal Procedure, Civil Procedure)
- A means and methods of setting the courts in motion, making facts known to them and effectuating their judgements.

A

Remedial (or procedural or adjective law)

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11
Q

The 2 kinds of Human Positive Law accdng. to force and effect

A
  1. Mandatory and/or Prohibitory

2. Permissive or Suppletory Laws

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12
Q

The 2 kinds of Human Positive Law accdng. to scope or content of the law

A

Public and Private Law

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13
Q

The 2 kinds of Human Positive Law accdng. to whether a right is given or merely the procedure for enforcement is laid down:

A

Substantive Law and Remedial (or procedural or adjective law)

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14
Q

Is the branch of public law which deals with the organization and operations of the governmental organs of the state and defines the relations of the state with the inhabitants of the territory.

A

Political Law

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15
Q

Is the branch of law which defines offenses and specify the corresponding penalties thereof.

A

Criminal Law

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16
Q

Is the branch of law which deals with the imposition and collection of taxes.

A

Taxation

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17
Q

Is the branch of law which every particular nation or state has established peculiarly for itself. This law concerns with civil or private rights and remedies, as contrasted to criminal law.

A

Civil Law

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18
Q

Is a branch of law which deals with the relationship between the employer and employee, as well as working conditions, wages, fringe benefits, grievances, and association of employees.

A

Labor Law

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19
Q

Body of law that applies to the rights, relations and conduct of persons and businesses engaged in commerce, merchandising and trade.

A

Commercial Law

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20
Q
  • Refers to the power or the authority to adjudicate.

- Does not apply only to courts but also admin bodies or admin agencies or even offices.

A

Jurisdiction

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21
Q

 Refers to the place where the case is pending, should be filed and where it is filed.
 Promulgated by the court or by the body/agency which has jurisdiction over a subject matter

A

Venue

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22
Q

It refers to two or more courts or bodies or entities which has jurisdiction over a particular case, or suit or action.

A

Concurrent Jurisdiction

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23
Q

 Courts which can resolve or adjudicate factual matters and issues which are tried before the said courts.

A

Trial Courts

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24
Q

 These are rules and procedures that govern proceedings in courts from Supreme court to the lower courts.

A

Rules of Court

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25
Q

 Written document which either asserts factual allegations or defenses, and are asserted by parties
 May take form of a complaint or an answer, and etc. (reply, comment to the petition, comment to the petition)

A

Pleading

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26
Q

 Pleadings filed before Appellate courts

A

Appellate Brief

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27
Q

 Brief filed by Appellant

A

Appellant’s Brief

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28
Q

Brief filed by Appellee

A

Appellee’s Brief

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29
Q

 Are verbatim records of the proceedings that transpired before the trial courts

A

Transcript of Stenographic Notes (TSNs)

30
Q

Is the one asserts a claim against a person called the defendant. Can also demand relief from defendant.

A

Plaintiff

31
Q

The person against whom that relief or assertion is sought for by the Plaintiff.

A

Defendant

32
Q

The one who seeks relief in the case.

A

Petitioner

33
Q

The one against whom the relief is sought from by the petitioner. Or the one who files an opposition against the petitioner

A

Respondent

34
Q

One who files an appeal

A

Appellant

35
Q

One who did not file an appeal

A

Appellee

36
Q

A document that resolves, or adjudicates the rights and obligations and even damages that are being adjudicated in favor or against the party.

A

Decision

37
Q

There is an example set by a decision in a previous case that becomes an example in later cases.

A

Precedent

38
Q

Refers to the part of the decision which finally disposes the case.

A

Fallo

39
Q

The branch of Government where the President, Vice-President, and its Cabinet Members belong to.

A

Executive Branch

40
Q

The branch of Government where the Senate and House of Rep. belong to.

A

Legislative Branch

41
Q

Where the Supreme Courts, Appellate Courts, and Trial Courts belongs to this branch of Gov’t.

A

Judicial Branch

42
Q

1st party in the Title of the Case

A

Family name of the Petitioner

43
Q

2nd party in the Title of the Case

A

Family name of the Respondent

44
Q

You can find here the laws applicable and how the laws are applied

A

Opinion of the Court

45
Q

There is a member of the court who agrees on the outcome but on a different opinion

A

Concurring Opinion

46
Q

– Does not agree with the outcome of the decision of the court

A

Dissenting Opinion

47
Q

Writing the synopsis, headnote, and case history, serves as guide, but are NOT to be cited because not opinions of the court

A

Case Reporting

48
Q

Offer moral guidance for the political processes and structures that influence the distribution of benefits and burdens in various social institutions.

A

Distributive Justice

49
Q

It speaks of the notion of law and what makes law a law

A

Theory of Law

50
Q

It deals with how the law is applied to legal disputes

A

Legal Theories

51
Q

A theory of law wherein in the sense, not necessarily like the laws of gravity, but that is like the inherent capability to know what is right and wrong.

-Believes that there is a necessary connection between Law and Morality

A

Natural Law

52
Q

A subset of Natural Law theory wherein the validity of man-made laws is tested on the basis of some “higher law”, such as reason, morality, or divine law.

A

Traditional Natural Law Theory

53
Q

A subset of Natural Law theory wherein the validity of man-made laws is tested on the basis of some “internal morality”.

A

Modern Natural Law Theory

54
Q

A theory of Law which believes that the law should be applied as it is.

Two Basic Principles:

  1. Law is a “social fact or convention” – something that is made or agreed upon by society
  2. There is no necessary connection between law and morality
A

Legal Positivism

55
Q
  • A naturalistic approach to law.
  • Asserts that the law cannot be separated from its application, nor can it be understood outside of its application.
  • Emphasizes law as it actually exists, rather than the law as it ought to be.
A

Legal Realism (Theory of Law)

56
Q

A positivist theory of law. Opposite of Legal Realism
In this viewpoint, a law is already the product of normative and policy consideration in the formation of the law. This means the moral, social, legal and all other considerations has already been presumed by the legislature.

A

Legal Formalism

57
Q

Accused of judicial activism, which is the more pervasive way of thinking or approach of judicial reasoning, in contrast of Judicial Restraint.
- Criticized for having a post hoc rationalization. where the reasoning succeeds after making the decision.

A

American Legal Realism (Legal Theory)

58
Q

A legal theory in which it self-consciously formalizes legal analysis on the basis of the traditional rationalist belief that without rules we lack the “cognitive control” essential to prevent oppression and social injustice.

A

Constructivism (aka Interpretivism)

59
Q

Law of the land, the very fundamental rule, all laws must be in line to this

A

Constitution

60
Q

Laws passed by the LGUs

A

Municipal legislation

61
Q

Administrative laws and regulations promulgated by agencies of the government, which agencies are vested by law to promulgate rules and regulations

A

Subordinate Legislation

62
Q

The congress’ own rules whenever they conduct investigations.

A

Legislative Rules

63
Q

Refers to internal rules, rules of court, from SC to lower courts.

A

Rules of Court

64
Q

TRUE or FALSE. One section can be isolated from the other sections.

A

FALSE. It cannot be isolated. It should be read with conjunction from other sections.

65
Q

TRUE or FALSE. Authors said that laws are products of economical negotiations or compromise, so courts are need to interpret words or words.

A

FALSE. Authors said that laws are products of POLITICAL negotiations or compromise, so courts are need to interpret words or words.

66
Q

TRUE or FALSE. If there is a word used in the law and there is a meaning – use the meaning specified in the law.

A

TRUE

67
Q

A source of law if it is coming from legislative branch or the judicial branch.

A

Primary Authority

68
Q

A source of law if it is not coming from legislative branch or the judicial branch.

A

Secondary Authority

69
Q

TRUE or FALSE. Only the secondary authority is binding in the courts

A

FALSE. It is the Primary Authority.

70
Q

A source of law wherein it comes from the official repository of the gov’t.

A

Primary Source

71
Q

A source of law wherein it does not come from the official repository of the gov’t.

A

Secondary Source

72
Q

What makes a primary source a primary source?

A

If what is being published is the law itself because of a mandate by the law or by the courts

Introduction to Law (2 decks)

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