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Philippine Constitution > Lesson 4 > Flashcards

Lesson 4 Flashcards

1
Q

the rules, principles, standards and processes devised by the state that govern the relationships and regulate the conduct of men in an organized society.

A

Law

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2
Q

an instrument of control in both private and public affairs.

A

Law

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3
Q

Justice is the only feature that distinguished the state from a group of brigands.

A

St. Augustine

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4
Q

man when perfected is the best of animals, but when separated from law and justice, he is the worst of all

A

Plato

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5
Q

concerned with the origin of law and its growth and development

A

The Historical Concept

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6
Q

is a necessary influence to the existence of formal or positive law

A

Custom

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7
Q

commands of the state which are enforced by its sovereign political authority

A

Custom

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8
Q

Law should be valuable to the collectivity so as to generate an

A

attitude of general obedience

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9
Q

Laws were created on the principles of right and good.

A

The Philosophical Concept

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10
Q

law is an ordinance of reason for the common good, made by him who has a care of the community, and promulgated.

A

Thomas Aquinas

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11
Q

The concern is the creation of an ideal system of law based upon ethics and justice.

A

Philosophical concept

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12
Q

Law is a product of social needs

A

The Sociological Concept

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13
Q

who wrote Fundamental Principles of the Sociology of Law, considered the law as one manifestation of society and it must attain the desirable goals for which it was created

A

Eugen Ehrlich

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14
Q

concerned with the examination and analysis of the legal system, its processes and objectives.

A

The Positivist or Analytical Concept

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15
Q

Father of Utilitarianism

A

Jeremy Bentham

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16
Q

the law is a sovereign command from a superior to an inferior, enforced upon those under his authority and jurisdiction, and imposing penalties and sanctions to those people who do not obey

A

John Austin

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17
Q

What is more important rather than the rightness of a law

A

element of power and authority

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18
Q

emphasizes on what the law does and how its functions

A

The Functional Concept

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19
Q

Dean of Harvard

emphasized the importance of knowing the functions of the judicial system,

A

Roscoe Pound

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20
Q

law is the result of what the judiciary or an administrative institution does to balance competing interests in society in order that they will be able to enjoy equality of legal justice.

A

Social Engineering

21
Q

not concerned with the contents of the law, whether such contents involve orders that are just, or serviceable to society, but are concerned in its structural form.

A

The Pure Science of Law Concept

22
Q

law existed out of a definite procedure and a definite rule. It must be cleansed of all its extraneous elements.

A

Hans Kelsen

23
Q

A reflection of divine reason in man, a manifestation of ethical belief that man seeks always to be good and not to do evil.

The rule of right reason that governs men to live perfectly as possible the kind of life which is suited to their natural endowments.

A

Natural Law

24
Q

The traditional practices of a group of people which are carried on from generation to generation.

A

Customs

25
Q

father of legal historicism, explained that an individual will come to be acquainted with the law only when it appears in the practices, manners and customs of the people. He said that “custom is the sign of the positive law

A

Frederich von Savigny

26
Q

Laws made by the Parliament or Legislature

A

Statutes or Legislation

27
Q

father of parliamentary democracy, considered legislative power as supreme in government only when it protects the life, liberty and property of the people.

A

John Locke

28
Q

Judgments of the court

A

Judicial Decisions

29
Q

founder of the American school of realistic jurisprudence, opined that law is made up of the decisions which the courts lay down.

A

John Chipman Grey

30
Q

The most paramount and supreme law of the land that limits the powers of the government and its activities, and defines the relations between government and the citizens.

A

The Constitution

31
Q

Laws that bind the actions of the signatories and govern their relationship.

A

Treaties

32
Q

Orders and proclamations issued by the Chief Executive within the specific limits of his rule-making power.

A

Executive Orders and Proclamations

33
Q

a collection of rules, laws and standards which simplified the Roman law. This influenced the making of the Napoleonic Code of 1804

A

Justinian Code

34
Q

These are local laws that are intended to state a more or less permanent policy of a city or municipal government.

Formal statements of the will of the city or municipal council.

A

Ordinances

35
Q

The basic legal system that provided the foundation for Civil Law and influenced the making of Common Law

A

The Roman Law

36
Q

Customary law of roman law

A

Germanic or Teutonic Law

37
Q

The Current Legal Systems

A

Civil law
The Common law system
international law

38
Q

A legal system that came into being during the middle ages that was used to resolve legal problems in Europe.

It gives more emphasis on codes of law and statutes.

A

The Civil Law System

39
Q

collection of works of the Roman law by Emperor Justinian

part dito yung civil law codes

A

Corpus Juris Civilis

40
Q

This originated from England and was developed by judges of the king’s superior courts who travelled throughout the breadth and width of the kingdom to decide legal disputes based on the general customs of the people.

It attempts to have a uniform judicial approach to the interpretation of legislative, executive, judicial and administrative actions.

A

The Common Law System

41
Q

Common law is also known as

A

judge-made law or case law

42
Q

judges compare the past cases with present case and if they find significant similarities, then they apply the common law principles found in the previously decided cases to the case at hand and observe judicial process.

A

Stare decisis

43
Q

A body of generally accepted principles, standards and rules regulating and controlling the conduct of nation-states, groups of people, and international organizations in their relationship with one another.

A

International Law

44
Q

father of modern international law, wrote the first influential work on international entitled De jure belli ac pacis.

A

Grotius

45
Q

Sources of International Law

A

Treaties
International customs
Generally recognized principles of law
Judicial decisions
Writings of publicists
Equity

46
Q

This was developed to soften the harsh rules of the common law after the latter became rigid and inflexible.

A

The rule of equity

47
Q

“keeper of the king’s conscience

A

Chancellor

48
Q

Acts of grace by the chancellor were called?

A

Equity

49
Q

Modern forms of equity

A

writ of injunction
writ of specific enforcement of contracts
writ of mandamus

Philippine Constitution (2 decks)

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