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ITL _ INTRO TO LAW > Laws, Its Concept and Classification , General Principles > Flashcards

Laws, Its Concept and Classification , General Principles Flashcards

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1
Q
  • Any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation
  • It includes all laws, which refers to STATE LAW, PHYSICAL LAW, DIVINE LAW & others.
  • It is a rule of conduct, just and obligatory.
A

LAW

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2
Q
  • Rule of conduct
  • Law must be just
  • Obligatory
  • Must be prescribed by legitimate authority
  • Must be ordained for the common good
A

ELEMENTS OF LAW

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3
Q

SALUS POPULI EST SUPREMA LEX

A

The Welfare of the People is the Supreme Law.

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4
Q

2 Classification Of Law

Derives its force and authority from God. It is superior to the other laws.

A

Natural Law

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5
Q

2 Classification Of Law

Statutes which has been laid down by a legislature, court or other human institution and can take whatever form the authors want.

A

Positive Law

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6
Q

A kind of Natural Law (2)

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

A

Moral Law

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7
Q

A kind of Natural Law

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

A

Physical Law

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8
Q

A kind of Positive Law

Divine Positive Law
Divine Human Positive Law

A

Divine Law

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9
Q

A kind of Positive Law

  • Constitutional Law
  • Administrative Law
  • International Law
  • Private Law
A

Public Law

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10
Q
  • Legislation
  • Precedent
  • Custom
  • Court Decision
A

SOURCES OF LAW

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11
Q
  • Once the case has been decided one way, then another case involving the same question or point of law should be decided in the same manner.
A

STARE DECISIS

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12
Q
  • a mixture of Roman (civil law) and Anglo-American (common law) systems, customary usage, and Islamic law. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporations law, taxation, insurance, labour relations, banking and currency.
A

PHILIPPINE LEGAL SYSTEM

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13
Q
  • Roman Law
  • Body of rules and principles adopted to guide the Romans in the conduct or
  • observance of their personal and official affairs
  • Was dominated by ritualism “JUSQURITIUM”
  • Was referred to as the civil law of Roman “JUS CIVILE”

* Anglican or Common Law
* Mohammedan Law

A

Three Prevailing Legal Systems

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14
Q

Sources Of Law

the fundamental and supreme law of the land.

A

The Constitution

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15
Q

Sources Of Law

including Acts of Congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuances.

A

Statutes

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16
Q

Sources Of Law

these have the same force of authority as statutes.

A

Treaties and Conventions

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17
Q

Sources Of Law

Article 8 of the Civil Code of the Philippines provides that ___ decisions applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’. Only decisions of its Supreme Court establish jurisprudence and are binding on all other courts.

A

Judicial Decisions

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18
Q
  • Constitution fundamental law of the land
  • Republic Acts enacted by Congress
  • Ordinances passed by the local government units
A

HIERARCHY OF LAWS

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19
Q

BRANCHES OF GOVERNMENT

  • headed by the President enforces the laws
  • through its regulatory agencies and departments, also issues rules that have the force and effect of law. Strictly, these are not laws but IMPLEMENTING RULES OR ADMINISTRATIVE REGULATIONS since they merely implement laws enacted by Congress.
A

Executive Branch

20
Q

BRANCHES OF GOVERNMENT

  • (known as Congress) makes the laws.
  • It is composed of:
  • the House of Representatives not to exceed 250 representatives (unless otherwise provided by law)
  • the Senate 24 senators who are elected at large
A

Legislative Branch

21
Q

BRANCHES OF GOVERNMENT

  • interprets the laws through the Supreme Court and the lower courts established by Congress.
  • This power includes the duty to settle actual controversies involving rights that are legally demandable and enforceable and to determine if any branch or instrumentality of government has acted with grave abuse of discretion amounting to lack of excess of jurisdiction.
A

Judicial Branch

22
Q

BRANCHES OF GOVERNMENT

  • It exercises original jurisdiction (cases are directly filed with the ____ in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)).
  • It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the lower courts.
A

SUPREME COURT

23
Q

BRANCHES OF GOVERNMENT

  • This’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court.
  • Its decisions are final except when appealed to the Supreme Court on questions of law.
A

Court of Appeals

24
Q

BRANCHES OF GOVERNMENT

  • It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.
  • Under R.A. No. 8249, to determine whether the ____ has jurisdiction, a person must look into two (2) criteria, namely, the nature of the offense and the salary grade of the public official.
A

SANDIGANBAYAN

25
Q

BRANCHES OF GOVERNMENT

  • Through the enactment of Republic Act No. 9282, the jurisdiction of the _____ has been expanded to include not only civil tax cases but also cases that are criminal in nature, as well as local tax cases, property taxes and final collection of taxes.
  • Pursuant to the provisions of Republic Act No. 1125 and other laws prior to R.A. 9282, the ____ retains exclusive appellate jurisdiction to review by appeal.
A

COURT OF TAX APPEAL

26
Q

BRANCHES OF GOVERNMENT

Regional Trial Courts are also known as __ , which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR)

A

SECOND LEVEL COURTS

27
Q

BRANCHES OF GOVERNMENT

are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC).

A

FIRST LEVEL COURTS

28
Q

BRANCHES OF GOVERNMENT

  • are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced.
  • are the counterpart of the Municipal Circuit Trial Courts established in certain municipalities in Mindanao.
A

SHARI’A DISTRICT AND CIRCUIT COURTS

29
Q

GENERAL PRINCIPLES

  • It is a branch of moral science which treats of the duties which an attorney/ lawyer owes to the court, to his client, to his colleagues in the profession and to the public.
A

LEGAL ETHICS

Body of all principles of morality and refinement that should govern the conduct of every member of the bar

30
Q

GENERAL PRINCIPLES

  • The 1987 Philippine Constitution
  • Applicable Jurisprudence
  • Code of Professional Responsibility
  • New Civil Code
  • Rules of Court
  • Revised Penal Code
  • Local Government Code
A

SOURCES OF LEGAL ETHICS

31
Q

GENERAL PRINCIPLES

  • Passed the bar exam
  • Taken an oath
  • Registered in the roll of attorneys
  • Received a certificate of license to practice law from the Clerk of Court of the Supreme Court.
  • After Admission he/she must:
  • Remain an IBP member in good standing by regularly paying IBP dues and other assessments
  • Pay annual privilege tax
  • Observe the rules on proper ethics
A

A LAWYER

32
Q

GENERAL PRINCIPLES

  • Citizen of the Philippines
  • Resident of the Philippines
  • At least 21 years old
  • Must successfully complete all prescribed courses
  • Production before the Supreme Court satisfactory evidence of:
  • Good moral character
  • No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines
A

REQUIREMENTS FOR ADMISSION TO THE BAR

33
Q

MEMBERS OF LEGAL PROFESSION

An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.

A

Counsel de parte

34
Q

MEMBERS OF LEGAL PROFESSION

Attorney appointed by the court. To defend an indigent defendant in a criminal action.

A

Counsel de officio

35
Q

MEMBERS OF LEGAL PROFESSION

Attorney whose name, together with his address, is entered in the record of the case as the designated counsel of the party litigant

A

Attorney at Record

36
Q

MEMBERS OF LEGAL PROFESSION

General term for a person trained in the law and authorized to advice and represent others in legal matters.

A

Lawyer

37
Q

MEMBERS OF LEGAL PROFESSION

Class of persons who are licensed officers of the courts empowered to appear, prosecute and defend.

A

Attorneys-at-law

38
Q

MEMBERS OF LEGAL PROFESSION

An agent whose authority is strictly limited by the instrument appointing him.

A

Attorney in fact

39
Q

MEMBERS OF LEGAL PROFESSION

Refers to legal profession.

A

Bar

40
Q

MEMBERS OF LEGAL PROFESSION

Refers to judiciary.

A

Bench

41
Q

MEMBERS OF LEGAL PROFESSION

An association of members of the legal profession like the IBP where membership is integrated or compulsory.

A

Bar Association

42
Q

Means an activity, in our out of court, which requires the application of law, legal procedure, knowledge, training and experience.

A

Practice of Law

43
Q
  • To determine whether the conduct or act of a party is subject to the rules on legal ethics and thus can be regulated by the Supreme Court.
  • The Supreme Court has the power to control and regulate the practice of law.
  • Art. VIII, Sec. 5(5) of 1987 Constitution
A

ACTIVITY IS UNDER THE DEFINITION OF PRACTICE OF LAW

44
Q
  • Authority to define that term
  • Prescribe qualifications of a candidate and the subjects of the bar exams
  • Decide who will be admitted to the practice
  • Discipline, suspend, or disbar any unfit or unworthy member of the bar
  • Reinstate any disbarred attorney
  • Ordain the integration of the Philippine Bar
  • Punish for contempt any person for unauthorized practice of law
  • Exercise overall supervision of the legal profession
  • Exercise any other power as may be necessary to elevate the standards of the bar and preserve its identity
A

SC POWER TO REGULATE PRACTICE OF LAW

45
Q
  • Cases before the MTC
  • Before any other court
  • Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available
  • Legal Aid Program
  • Before the NLRC or any Labor Arbiter
  • Before the Cadastral Court
A

NON-LAWYERS CAN PRACTICE LAW

ITL _ INTRO TO LAW (4 decks)

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