Introduction to Law Flashcards
Elements of law (5)
(1) rule of conduct
(2) must be just
(3) must be obligatory
(4) must be prescribed by legitimate authority
(5) ordained for the common benefit
Classification of law (2)
(1) Natural Law
(2) Positive Law
Kinds of Natural Laws (3)
(1) Physical Law
(2) Moral Law
(3) Divine Law
Kinds of Positive Laws (2)
(1) Public Law
(2) Private Law
Kinds of Public Law (3)
(1) Constitutional Law
(2) Administrative Law
(3) International Law
Kinds of Private Law (2)
(1) Substantive Private Law
(2) Procedural or Adjective Private Law
Sources of Law (4)
(1) legislation
(2) precedent
(3) custom
(4) court decisions
Requisites before the court considers a custom (5)
(1) it must be proved as a fact according to the rules of evidence
(2) it must not be contrary to the law
(3) there must be number of repeated acts and these repeated acts must have been uniformly performed
(4) there must be a judicial attention to make a rule of social conduct
(5) it must be acknowledged and approved by society through long and uninterrupted usage.
Legal systems that have exerted influence to our laws in the past several centuries which are still continuously affecting our jurisprudence (3)
(1) Roman Law *
(2) Anglican or Common Law
(3) Mohammedan Law
- greatly influenced Philippine laws.
Periods of Rome’s political history (3)
(1) Monarchy
(2) Republic
(3) Empire
Guides to a judge to decide on a case in case of silence, obscurity or insufficiency of the laws (5)
(1) customs which are not contrary to law, public order or public policy
(2) court decisions, foreign or local, in similar cases
(3) legal opinions of qualified writers and professors
(4) general principles of justice and equity
(5) rules of statutory constructions
Judge’s duties (2)
(1) to render judgement even there’s silence, obscurity or insufficiency of the laws
(2) to apply the law without fear or favor
Basic rules of statutory construction (5)
(1) When the law and its meaning is clear and unmistakable, there is no need to interpret it any further.
(2) When the construction or interpretation is necessary, the court should interpret the law according to the meaning the legislature intended to give
(3) If there are two possible interpretations of a law, that which will achieve the ends desired by Congress should be adopted
(4) Laws of pleading, practice and procedure are likely liberally construed in order to promote their object and to assist the parties in obtaining just, speedy and inexpensive determination of every action and proceeding
(5) In case of doubt in the interpretation and application of laws and when all other rules of statutory construction fail, it is presumed that the lawmaking body intended right and justice to prevail
Intrinsic Aids in interpreting the law
(1) Title
(2) Preamble
(3) Words, phrases and sentences context
(4) Punctuation
(5) Headings and marginal notes
(6) Legislative definition and interpretation
Extrinsic Aids in constructing the law
(1) Contemporaneous circumstances
(2) Policy
(3) Legislative history of the statute
(4) Contemporaneous and practical construction
(5) Executive construction
(6) Legislative construction
(7) Judicial construction
(8) Construction by the bar and legal commentators
