LA- Prelims Flashcards

1
Q

A system of rules that a society/govt develops to deal with crimes, business agreements, and social relationships. (Collins)

A

Law

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2
Q

Law is a system of rules that a society/govt develops to deal with (3)

A

crimes
business agreements
social relationships

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3
Q

binding custom or practice of a community, a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.

A

Law

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4
Q

TRUE/ FALSE: According to Webster, law is a binding custom/practice of a community formally recognized as binding by any authority.

A

FALSE (any authority- controlling authority)

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5
Q

TRUE/ FALSE: According to Webster, the law is a system of rules that a society/govt develops to deal with crimes, business agreements, and social relationships.

A

FALSE (Webster- Collins)

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6
Q

four (4) characteristics of law

A
  1. rule of human conduct
  2. just and obligatory
  3. promulgated by competent authority
  4. must be observed by all
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7
Q

TRUE/ FALSE: Law has to be taken as standards or norms by the community. It must be taken seriously

A

TRUE

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8
Q

it has to be taken as standards or norms by the community.

A

law

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9
Q

it is about being equitable to the extent that people are obligated to obey.

A

justness of the law

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10
Q

TRUE/ FALSE: The law has no meaning from the start if promulgated by a competent authority.

A

FALSE (promulgated- not promulgated)

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11
Q

TRUE/ FALSE: All is bound to serve the law. No man is above the law.

A

TRUE

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12
Q

need to comply with requirements

A

business agreements

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13
Q

it means knowing your rights

A

social relationships

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14
Q

it means the law should be followed by humans

A

rule of human conduct

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15
Q
  • no law for rich/ poor
  • walang pinipili ang batas (equal)
  • no one is above the law (ignorance of the law excuses no one)
A

just and obligatory

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16
Q

it means it should be done by the House of Representatives and the Senate

A

promulgated by competent authority

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17
Q

it is something that is always done

A

standards/ norms

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18
Q

promulgation of competent authority is divided into

A
  • lawmakers
  • lawbreakers
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19
Q

no man is above the law regardless of

A

age
gender
social status
political affiliations

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20
Q
  • it is a combination of state, local, and international laws
  • controls the different facets and functions of the travel industry
A

tourism law

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21
Q
  • usually about travel
  • necessary to aid in the conservation of natural resources (UNESCO heritage sites) and preservation of cultural traditions
A

tourism law

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22
Q
  • deals with food service, travel, and lodging industries
  • more complex
  • embraces an extensive collection of laws (contracts, torts, damages, and labor
A

hospitality laws

23
Q

hospitality law embraces an extensive collection of laws like:

A
  • contracts
  • torts
  • damages
  • labor
24
Q

the law is divided into two (2)

A

according to purpose
according to scope

25
Q

kinds of laws according to purpose:

A
  1. substantive law
  2. adjective law
26
Q

kinds of laws according to scope:

A
  1. private law
  2. public law
27
Q
  • creates, defines, and regulates rights and duties that can give rise to a cause of action
  • defines the rights and responsibilities of every citizen
A

substantive law

28
Q
  • provides the method of aiding and protecting certain rights
  • deals with rules of procedure governing evidence, pleading, and practice (lawyers should present evidence)
A

adjective law

29
Q

applies to all states or to particular class of persons in the state, with equal force and obligation

A

public law

30
Q

TRUE/ FALSE: public law applies to all states or to a particular class of persons in the state, with opposite force and obligation.

A

FALSE (opposite- equal)

31
Q

examples of public law

A

political law
criminal law
international law

32
Q

relates to a particular class of persons or things (applicable to businessmen)

A

private law

33
Q

example of private law

A

mercantile/ commercial law
maritime law
civil law

34
Q

body of law that deals with international commerce, business transactions, and operations (contracts, copyrights, and franchising)

A

mercantile law

35
Q
  • basic principles and laws of a nation, state, or social group
  • determines the powers and duties of the gov’t and guarantees certain rights of the people
A

constitution

36
Q

TRUE/ FALSE: laws that does not conform to the constitution is valid

A

FALSE (valid- invalid)

37
Q

basic and paramount law that all other laws must conform and to which all people (including highest official) must obey

A

constitution

38
Q

how to change the constitution?

A

charter change- call for referendum (vote yes/no)

39
Q

compact made between 2 or more independent nations with a view to the public welfare (an agreement)

A

treaty

40
Q

TRUE/ FALSE: the constitution is an agreement

A

FALSE (constitution- treaty)

41
Q

an international agreement between requesting and requested states (in under specified conditions) to turn over persons within the jurisdiction and charged with crimes against the requesting.

A

extradition treaty

42
Q

the state shall recognize the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions

A

customs and traditions as bases of law

43
Q
  • first part of the constitution
  • imperative to define as our national territory specifically to the whole world
  • to assert title/ ownership to avoid future conflicts with other nations.
A

national territory

44
Q

composition of the PH territory

A

Art. 1 Section 1 of the 1987 Constitution

45
Q

TRUE/ FALSE: it is imperative to define our national territory specifically to the whole world to assert title/ ownership to avoid future conflicts with other nations.

A

TRUE

46
Q

two (2) compositions of the PH territory

A
  1. the PH archipelago
  2. all territories in which the PH has sovereignty/ jurisdiction
47
Q

three (3) domains in the PH territorial jurisdiction

A

aerial
fluvial
terrestrial

48
Q

three (3) inherent powers of the government

A

1) police power
2) power of eminent domain
3) power of taxation

49
Q

the power of the government to regulate laws and properties for public purpose (cannot make arrest without warrant)

A

police power

50
Q

power of gov’t to acquire private property for public purposes and after payment of just compensation (road widening)

A

power of eminent domain

51
Q

power of gov’t to acquire revenues (vat and withholding tax)

A

power of taxation

52
Q

bill of rights aka

A

declaration of rights/ charter rights of the citizens of a country

53
Q

purpose of the bill of rights

A

to protect these rights against infringement (damage) from public officials and private citizens

54
Q

what is section 1 of the bill of rights?

A

no one shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of laws