Introduction to Law

Question 1

Law (Suarez)

Answer 1

It means any rule of action or norm of conduct applicable to all kinds of actions to all objects of creation.

Question 2

Law (strict legal sense)

Answer 2

It is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

Question 3

Salus Populi Est Suprema Lex

Answer 3

The welfare of the people shall be the supreme law.

Question 4

Natural law

Answer 4

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

Question 5

Physical Law

Answer 5

Universal rule of action that governs the conduct and movement of things which are non-free and material.

Question 6

Moral Law

Answer 6

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

Question 7

Constitutional Law

Answer 7

It is the fundamental law of the land which defines the powers of the government.

Question 8

Administrative Law

Answer 8

It fixes the organization

It determines the competence of the administrative authorities.

It regulates the methods by which the function of the government are performed.

Question 9

International Law

Answer 9

It is a body of rules which regulates the community of nations.

Question 10

Private Law

Answer 10

It is a body of rules which creates duties, rights and obligations.

It is the means and methods of setting courts in motion for the enforcement of a right or of a redress of wrong.

Question 11

Substantive Private Law

Answer 11

It consists of rules which declare legal relations of litigants when the courts have been properly moved to action upon the facts duly presented to them.

Question 12

Procedural or Adjective Private Law

Answer 12

It refers to the means and methods of setting the courts in motion, making the facts known to them and effectuating their judgments.

Question 13

Stare decisis

Answer 13

In English, “to stand by things decided”

It is the legal principle of determining points in litigation according to precedent.

It means that once a case has been decided one way, then another case involving exactly the same question or point of law should be decided in the same manner.

Question 14

Roman Law

Answer 14

It is the body of rules and principles adopted to guide the Romans in the conduct or observance of their personal and official affairs without necessarily specifying the period of time when those rules were adopted or promulgated.

Question 15

Common Law

Answer 15

It is an unwritten law which does not emanate from the express will of the legislature.

It is founded on maxims, rules and principles derived from time-honored usages and customs which received acceptance from the courts of law.

Question 16

Mohammedan Law

Answer 16

It is derived principally from the Koran and from writings of Islamic jurists.

Question 17

Statutory Construction (Caltex Inc vs. Palomar)

Answer 17

It is the act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among reason of the fact that the given case is not explicitly provided for in the law.

Question 18

Construction of the law

Answer 18

The process by which the meaning of an ambiguous provision of a statute, written document, or oral agreement is determined.

The one who constructs makes use of extrinsic aids or those found outside of the written language of the law.

Question 19

Interpretation of the law

Answer 19

The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will.

The one who interprets makes use of intrinsic aids or those found in the statute itself.