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module 3 > itl finals > Flashcards

itl finals Flashcards

1
Q

Stare Decisis

A

Latin for “to stand by things decided”

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2
Q

Fermin v. People

A

showed that precedential authority is solely vested in the Supreme Court

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3
Q

Pepsi-Cola Products v. Pagdanganan

A

showed that a different cause of action between a present case and a prior case is not a compelling enough reason to abandon prior doctrine used

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4
Q

Chinese YMCA v. Remington Steel Corporation

A

showed that “stare decisis is based upon the legal principle or rule involved and not upon judgement which results therefrom”

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5
Q

Res Judicata

A

Latin for “a matter judged”

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6
Q

For the principle of res judicata to apply:

A

The decision must be final and made on the merits
The decision must be made by a competent court within its jurisdiction
The facts, issues, ruling, cause of action, and parties are similar

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7
Q

Res judicata has two rule

A

(1) bar by former judgement and (2) conclusiveness of judgement

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8
Q

Bar by former judgement

A

the final judgement on the case cannot be relitigated on the same cause of action

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9
Q

Conclusiveness of judgement

A

the particular facts and issues settled in a case cannot be relitigated whether or not the cause of action and subject matter are the same

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10
Q

The difference between stare decisis and res judicata

A

Stare decisis only pertains to the legal principle/rule applied to a case to reach a certain judgement. It is not dependent on the results of a judgement.

Res judicata pertains to the facts, issues, and the ruling on the issues of a court to reach a judgement. It encompasses the results of the judgement.

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11
Q

Law of the Case

A

The doctrine of applying the legal rule used in a certain case to subsequent appeals of that case

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12
Q

Landmark Case

A

A case is said to be a landmark case if it adopts a legal rule/principle that shifts the landscape of jurisprudence

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13
Q

Abandonment of Doctrine

The Court abandons doctrine if it deems it as

A

The Court abandons doctrine if it deems it as
Outdated
Contrary to existing legal norms
Unjust and unfair according to current moral and legal standards

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14
Q

Dura Lex, Sed Lex/Cruel and Unusual Punishment

A

Although the penalty for a certain crime is too harsh, the Court is bound to enact the penalty in its judgement unless it partakes in the forbidden territory of judicial legislation in violation of the separation of powers

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15
Q

Dura Lex, Sed Lex

The Court does have a remedy in these cases:

A

The Court can address a letter to the Executive or Legislative to probe into the matter of excessive or cruel penalties imposed on violations of statutes

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16
Q

This current system of international law dictates that:

A

International law must not encroach on state sovereignty

That state sovereignty is the basis of equality among states

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17
Q

How does international law work among sovereign states?

A

Sovereign states are bound by international law because they consented to be bound by international law

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18
Q

Why do states consent to be bound by international law?

A

Because there is a great benefit to be bound by international law and agreements

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19
Q

Because there is a great benefit to be bound by international law and agreements

A

International conventions and agreements
Customary international law
General principles of law recognized by states
Judicial decisions and writings of highly qualified publicists

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20
Q

What is customary international law?

A

Customary law is the general practice of states that is done out of legal obligation

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21
Q

Customary law has two elements:

A

Customary law has two elements:

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22
Q

Usus

A

is the element that measures duration, consistency, and generality of the practice

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23
Q

Opinio juris

A

is the element that dictates that states follow practice out of a sense of obligation

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24
Q

What is the relationship between international law and municipal law?

A

There are two theories: monism and dualism

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25
Q

Monism

A

is the theory that international law and municipal law systems belong only to one system of law

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26
Q

Dualism

A

is the theory that international law and municipal law systems are separate systems of law. This theory is the most accepted among states.

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27
Q

In international law disputes, states can invoke their own domestic laws as defense y/n

A

no

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28
Q

The generally accepted principles of international law (customary law) are adopted as part of the laws of the land through the doctrine of incorporation
y/n

A

yes

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29
Q

Being a part of the laws of the land, international law takes on the same standing as municipal law

A

y

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30
Q

International law is subject to the Constitution?

A

yes, tanada v angara

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31
Q

If international law contradicts the Constitution

A

, it would not be valid and operative as domestic law

32
Q

International law inherently limits the absolute state sovereignty?

A

You could not pass legislation that is inconsistent with the international law
In Tanada v. Angara, the Court finds the limitation on absolute state sovereignty acceptable given the benefit that treaties incur and the desire to be a part of the international community
The justification in Tanada v. Angara is rooted in the Constitution’s balancing provisions on national economic interests and international relations

33
Q

Common law

A

Based on a body of precedent/ stare decisis
When statutes are applied in disputes, the Court’s decision becomes a part of the law that deals with the topic of the statute

34
Q

Civil law

A

Exclusively based on a body of written constitutions, codes, and statutes
Judges merely apply statutes and do not have rule-making powers similar to judges in common law jurisdictions
Scholarly opinion is highly regarded in civil law jurisdictions as they pertain to how judges should interpret and apply statutes. Scholarly opinion though is only persuasive.
Consistency in decision-making is still needed in civil law jurisdictions, albeit prior cases do not have the weight of stare decisis

35
Q

Differences in doctrine and jurisprudence for common and civil law

A

Doctrine and jurisprudence in common law – Jurisprudence is the law. Doctrine is used to organize specific rules in relation to a set of facts and focuses on facts.
Doctrine and jurisprudence in civil law – Jurisprudence only has persuasive effect. Doctrine is used to clarify the application of law and focuses on legal principles.

36
Q

Nature of the President’s implied powers

A

“Presidential powers and prerogatives are not fixed and their limits are dependent on the imperatives of events and contemporary imponderables rather than on the abstract theories of law.

37
Q

“Presidential powers and prerogatives are not fixed and their limits are dependent on the imperatives of events and contemporary imponderables rather than on the abstract theories of law.

A

he President must be given implied powers to address (1) the multitude of situations that she confronts and (2) subsume the duties or issues outside of the legislative and judiciary

38
Q

What are the limits of these implied powers?

A

To justify the invocation… of inherent powers, a court must show that the powers are reasonably necessary to achieve the specific purpose for which the exercise is sought.”

39
Q

why does the president have implied powers

A

The President must be given implied powers to address (1) the multitude of situations that she confronts and (2) subsume the duties or issues outside of the legislative and judiciary

40
Q

The Executive has sole discretionary prerogative to call out the armed forces
y/n

A

y

41
Q

The calling out power is not subject to judicial review if it is within constitutional bounds and is not a grave abuse of discretion
y/n

A

n

42
Q

The calling out power can be exercised…..

A

“whenever it becomes necessary to prevent or suppress lawless violence, rebellion or invasion”

43
Q

The calling out power can be used pre-emptively

y/n

A

y

44
Q

The calling out power necessarily curtail civil rights and freedoms and is independent of the other two extraordinary powers

A

n

45
Q

The Executive has the sole discretion to..

A

suspend the privilege of the writ of habeas corpus and declare martial law

46
Q

execuite extraordinary powers

A

call out armed forces, suspend writ of habea corpus, declare martial law

47
Q

to suspend the privilege of the writ of habeas corpus and declare martial law there must be a concurrence of the two conditions:

A

An actual ongoing rebellion or invasion

Public safety requires the exercise of the powers

48
Q

Martial Law can only be imposed in a span ofx days. The extension of Martial Law requires the concurrence of x

A

60, congress

49
Q

The Court can review the sufficiency of the factual basis of the exercise of the two powers in an appropriate legal proceeding
y/n

A

y

50
Q

The courts can determine the factual basis is legit

A

n

51
Q

Congress can also suspend the exercise of the powers. Congress can both review the sufficiency of the factual basis and the wisdom of the President in invoking the two powers on its own prerogative.
y/n

A

y

52
Q

Martial law is well defined y/n

A

n

53
Q

ML is curtailed by the constitution

A

n

54
Q

Martial Law also does not confer jurisdiction to military courts and agencies over civilians where civil courts operate

A

y

55
Q

The declaration of Martial Law automatically suspends the privilege of the writ of habeas corpus

A

n

56
Q

The suspension of the privilege of the writ of habeas corpus only applies to persons judicially charged with rebellion/invasion

A

yes

57
Q

They should be charged within X days or they will be released

A

3

58
Q

The President has plenary legislative powers, but only in the

A

“theater of war”

59
Q

Executive privilege

A

is the power of the President to withhold information and resist subpoenas that pertain to confidential information

60
Q

Executive privilege is premised on x and x consideration

A

practical and Constitutional considerations

61
Q

Practical considerations

A

Exposing to the public the President’s decision-making process unduly restricts him in his own sphere of power

62
Q

Constitutional consideration

A

Executive privilege is a necessity of the separation of powers.

63
Q

Executive privilege is a necessity of the separation of powers.

A

y

64
Q

Presidential communications privilege

A

Pertains to the communication between the President and his advisors that are within operational proximity of the President. It also covers communication pertaining to “quintessential and non-delegable” powers and duties of the President

65
Q

y/n Executive privilege is absolute

A

no, It only encompasses lawful acts and communications done in the execution of the function of the Executive

66
Q

Immunity from suit is effective outside of tenure

A

no

67
Q

Immunity from suit is only effective within the tenure of the President

A

y (David v. Arroyo)

68
Q

Nature of Impeachment

A

The House of Representatives has the exclusive power to initiate impeachment

69
Q

The House of Representatives has the exclusive power to initiate impeachment

A

1/3 of the Lower House is needed to start the impeachment proceedings.
After that, the Senate then forms an impeachment court. 2/3 of the Senate is needed to convict.

70
Q

The scope of impeachment is limited

A

Impeachment cannot extend further than the removal of the President from office
The offense that the President was impeached for can still be tried by a judicial court
Impeachment is only a determination of an official’s fitness to hold public office. It does not need to determine the actual guilt of the official.

71
Q

Law-making v. Rule-making

A

Congress makes the laws

The Executive makes the rules to implement and enforce the laws

72
Q

Undue delegation of legislative power happens

A

the other branches of government exercise the powers of Congress

73
Q

Legislative power is unduly delegated when:

A

Legislative power is unduly delegated when:
Individual legislators exercise the powers of Congress (i.e. the power to appropriate)
The law to be enacted (1) fails to state the policy to be implemented and or (2) fails to set clear boundaries for the authority, state policy, and set conditions when the law remains effective

74
Q

Judicial power

A

is the authority to settle justiciable disputes involving demandable rights and the redress of violations of rights

75
Q

The Court can only rule on the of the case

A

constitutional issue

module 3 (2 decks)

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