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01 - Introduction to Law & Legal System > Kinds of Law > Flashcards

Kinds of Law Flashcards

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1
Q

A written document that sets forth the limits, duties and powers of a government and guarantees rights to the people who are subject to that government’s laws and regulations.

A

Constitution

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2
Q

That 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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3
Q

What are the subjects in Political Law?

A
  1. Constitutional Laws I & II
  2. Administrative Law, Law on Public Officers, and Elections Laws
  3. Public International Law
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4
Q

That branch of law which defines offenses and specify the corresponding penalties therefor.

A

Criminal Law

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5
Q

What are the subjects in Criminal Law?

A

Criminal Law I
Criminal Law II

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6
Q

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

A

Taxation

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7
Q

What are the subjects in TAXATION?

A

Taxation I
Taxation II

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8
Q

This law concerns with civil or private rights and remedies, as contrasted to criminal law.

The law concerns private relations between members of a community rather than criminal, military, or religious affairs.

A

Civil Law

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9
Q

What are the subjects in CIVIL LAW?

A
  1. Persons and Family Relations
  2. Property
  3. Obligations and Contracts
  4. Succession
  5. Sales
  6. Credit transactions
  7. Agency, Trust and Partnership
  8. Torts and Damages
  9. Transportation Law

RECALL:

Persons and Family Relations divide Property with Obligations and Contracts.

The succession involves sales, and credit transactions

The agency, trust and partnership in transportation is broken by torts and damages.

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10
Q

This branch of law deals with the relationship between the employer and the employee, as well as working conditions, wages, fringe benefits, grievances, and employee associations.

A

LABOR LAW

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11
Q

What are the subjects in LABOR LAW?

A

Labor Law I
Labor Law II

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12
Q

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

A

Commercial Law

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13
Q

What are the subjects in COMMERCIAL LAW?

A

Corporation Law
Negotiable Instruments Law

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14
Q

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

A

Remedial Law

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15
Q

What are the subjects in REMEDIAL LAW?

A

Civil procedure
Criminal procedure
Evidence
Special Proceedings

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16
Q

Name two Catholic saints

A

St. Thomas More
st. Ivos of Kermartin

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17
Q

Two Classification of Law

A

Natural Law
Human Positive Law

18
Q

The type of that 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

19
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

20
Q

What are the KINDS OF NATURAL LAW?

A

Physical Law
Moral Law
Divine Law

21
Q

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

Example: Gravity, bouyancy

A

Physical Law

22
Q

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

A

Moral Law

23
Q

What are the 2 types of Divine Law?

A

Divine Positive Law
( Ten Commandments )

Divine Human Positive Law,
( i.e. Commandments of the Church)

24
Q

Kinds of Human Positive Law according to force and effect.

A

Mandatory and/or Prohibitory Laws
Permissive or Suppletory laws

25
Q

Those laws which have 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 Laws

26
Q

Those laws which may be deviated from, if the individual so desires.

A

Permissive or Suppletory Laws

27
Q

Kinds of Human Positive Law according to scope or content of the law.

A

Public Law
Private Law

28
Q

That law which governs the relations of the individual with the State or ruler or community as a whole.

Consists of:
- Political Law
- Criminal Law
- Law on Taxation

A

Public Law

29
Q

The type of law which regulates the relations of the members of a community with one another.

Consists of:
- Civil Law
- Labor Law
- Commercial Law

A

Private Law

30
Q

Kinds of Human Positive Law according to whether a right is given, or merely the procedure of enforcement is laid down.

A

Substantive Law

Remedial ( procedural or adjective law )

31
Q

That law which establishes rights and duties.

A

Substantive Law

32
Q

That law which prescribes the manner of enforcing legal rights and claims.

A

Remedial Law

33
Q

What are the elements of law?

A
  1. Rule of conduct
  2. Just
  3. Obligatory
  4. by competent authority
  5. Ordained for the promotion of public ( common good )

Law is a guide in our dealings with others.

34
Q

The supreme law of the land.

A

Constitution

35
Q

Qualities of a good Constitution

A

Broad - futuristic

Brief - basic guidelines ( need enactment )

Definite

36
Q

What are the 3 Powers of the state?

A

Police Power
Power of Imminent Domain
Power of Taxation

37
Q

Two aspects of due process

A

Substantive
Proceedural

38
Q

What are the 3 branches of the government

A

Executive - enforcement of laws
Legislative - power to enact laws
Judiciary

Co-equal in power for check and balance

When one asserts, it is the assertion of the power of the constitution

The President can veto the Congress.

39
Q
A
40
Q

Garcia vs Drilon

A

RA 9262

Women are inherently phyically weak

01 - Introduction to Law & Legal System (3 decks)

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