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JURIS > LEGAL DOCTRINES > Flashcards

LEGAL DOCTRINES Flashcards

1
Q

Act of God
• An irresistible force, one that is unforeseen or inevitable

• Under Civil Code of the Philippines, no person shall be responsible
for those events which could not be foreseen or for which, though
foreseen, were inevitable, except in cases expressly specific by law.

• Under this doctrine, if a party is unable to perform its contractual
obligations due to a force majeure event, they may be excused
from liability or allowed to delay performance without breaching
the contract.

Examples: flood, earthquake, fire & accident, war, typhoon, etc.

A

DOCTRINE OF FORCE MAJEURE

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2
Q

“The thing speaks for itself”

A

DOCTRINE OF RES IPSA LOQUITOR

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3
Q

Let the master answer
• Master-servant rule
• Let the master answer for the acts of the subordinate
• The liability is expanded to include the liability from the employee
to the master
• In many circumstances all employer is responsible for the actions
of employees performed within the course of their employment

A

DOCTRINE OF RESPONDENT SUPERIOR

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4
Q

• Ignorance of the law excuses no one

A

IGNORANTIA JURIS NON EXCUSAT/IGNORANCIA LEGIS NON

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5
Q

• The law may be harsh, but it is still the law

A

DURA LEX SED LEX

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6
Q

• Nullum crimen, nulla poena sine lege
• No crime, if there’s no law punishing it

A

LEGAL MAXIM

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7
Q

Stages of crime

A

consumated
frustrated
attempted

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8
Q
  • All elements executed with successful result
A

CONSUMATED

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9
Q
  • All elements executed without successful result
A

FRUSTRATED

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10
Q
  • Not all elements executed, no successful result
A

ATTEMPTED

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11
Q
  • The crime was performed with deliberate intent
A

Through DOLO (deceit)

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12
Q
  • the crime was resulted from lack of knowledge and skills,
    negligence or lack of foresight.
  • when the wrongful act results from imprudence, negligence,
    lack of foresight, or lack of skill.
A

Through CULPA (fault)

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13
Q

A joint agreement of two or more persons

  • The act of one is the act of all
A

conspiracy

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14
Q

PERSONS INVOLVED IN A CONSPIRACY

A

Principal
Accessories
accomplices

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15
Q
  • Chief actor/ mastermind
  • Those persons who do or perform the act
  • Direct participation, induction and indispensable
A

PRINCIPAL

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16
Q
  • Those persons who assist or participate in the commission
    of a crime
  • May assist or encourage the principal offender with the
    intent to have the crime committed.
A

ACCESSORIES

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17
Q
  • Those persons who not take a direct part in the execution
    of the act, induce or cooperate
  • Absent in place when it was committed
A

ACCOMPLICES

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18
Q

Crimes against person

A

murder
homicide
parricide
patricide
matricide
infanticide

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19
Q
  • the unlawful killing of a human being with the
    intention to kill
A

MURDER

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20
Q
  • The killing of a human being to another
  • Crime by a person who kills another person other than
    his father, mother or child.
A

HOMICIDE

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21
Q
  • the act of killing one’s parent or another close family member, such as a
    grandparent or sibling.
A

PARRICIDE

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22
Q

-the act of killing one’s own father.

A

PATRICIDE

23
Q
  • The act of killing one’s own mother.
A

MATRICIDE

24
Q
  • killing of a child less than 3 days of age
A

INFANTICIDE

25
Q

Crimes against personal liberty and security

A

kidnapping
illegal detention
trespasing

26
Q
  • Forcible abduction of another or carrying away of a
    person against often involving an element of coercion, threat
A

KIDNAPPING

27
Q
  • Detaining a person without a warrant
A

ILLEGAL DETENTION

28
Q
  • Entering another personal house or property without a
    warrant
A

TRESPASSING

29
Q

Crimes against public moral

A

illegal gambling
indecent exposure
prostitution

30
Q
  • playing for money
A

ILLEGAL GAMBLING

31
Q
  • intentional exposure of one’s private parts in public
A

INDECENT EXPOSURE

32
Q
  • A crime committed by a woman to engage a sexual
    intercourse
A

PROSTITUTION

33
Q

crimes against property

A

robbery
arson
sabotage

34
Q
  • Unlawful taking of another person’s property.
A

ROBBERY

35
Q
  • Intentional burning of another person’s house.
A

ARSON

36
Q
  • Intentional damage to the property of the
    employer by the employee.
A

SABOTAGE

37
Q

crimes against chastity

A

rape
adultery
concubinage

38
Q
  • Forcible sexual intercourse with a woman without her
    consent.
A

RAPE

39
Q
  • Sexual intercourse of a married woman with a man other
    than her husband
A

ADULTERY

40
Q
  • Cohabitation of a married man with a woman other than
    his wife.
A

CONCUBINAGE

41
Q

crimes against civil status of a person

A

simulation of birth
substitution of one child to another
bigamy

42
Q
  • Crime committed by one who enters in a birth certificate,
    a birth that did not occur
A

SIMULATION OF BIRTH

43
Q
  • Replacing one child with another
A

SUBSTITUTION OF ONE CHILD TO ANOTHER

44
Q
  • Contracting a second marriage when already legally married to anothe
A

BIGAMY

45
Q

crimes against public interest

A

forgery
perjury

46
Q
  • altering a written document for deceit
A

FORGERY

47
Q
  • telling a lie under oath
A

PERJURY

48
Q
  • from 1 day to 30 day
A

Arresto Menor

49
Q
  • from 1 month and 1 day to 6 month
A

Arresto Major

50
Q
  • from 6 month and 1 day to 6 years
A

Prison Correctional

51
Q
  • from 6 years and 1 day to 12 years
A

Prison Major

52
Q
  • from 12 years and day to 20 years
A

Reclusion Temporal

53
Q
  • lifetime imprisonment (no
    bail recommended)

Death Penalty

A

Reclusion Perpetua

JURIS (3 decks)

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