M1U1

Question 1

definition of law under our legal system is the one given by

Answer 1

Spanish jurist Sanchez Roman

Question 2

Sanchez Roman distinguished law between two senses:

Answer 2

the general sense and the specific sense

Question 3

the science of moral laws based on the rational nature of man.

Answer 3

Law (derecho) in the General Sense

Question 4

These rules of conduct are just and obligatory

Answer 4

Law (ley) in the specific sense

Question 5

They are promulgated by legitimate authority

Answer 5

Law (ley) in the specific sense:

Question 6

rules established by an instrumentality of the State - usually the Congress

Answer 6

Law in the specific sense

Question 7

General division of law:

Answer 7

Law in its strict legal sense
Law in the non-legal sense

Question 8

the law of religion and faith that deals with the concept of sin and salvation; believed to come directly from God

Answer 8

Divine Law

Question 9

human beings possess intrinsic values that govern our reasoning and behavior.

Answer 9

Natural Law

Question 10

the totality of the norms of good and right conduct is based on the collective sense of right and wrong of every community

Answer 10

Moral Law

Question 11

the law of cause and effect. It affects not only people as rational beings but other things as well.

Answer 11

Physical Law

Question 12

Law promulgated and enforced by the state.

Answer 12

State Law

Question 13

Characteristics of state law:

Answer 13

A rule of conduct
Obligatory
Promulgated by legitimate authority
Of common observance and benefit

Question 14

it tells people what to do and what not to do. It applies only to external conduct. In other words, what is only in the thoughts and minds is not covered by state law

Answer 14

A rule of conduct

Question 15

it imposes a duty to obey. Otherwise there is a corresponding sanction or punishment

Answer 15

Obligatory

Question 16

in the Philippines that legitimate authority is the legislative department or the Congress

Answer 16

Promulgated by legitimate authority

Question 17

Laws made by the Congress are called

Answer 17

statutes, legislations or republic acts.

Question 18

law must be observed by all for the benefit of all

Answer 18

Of common observance and benefit

Question 19

Sources of Law:

Answer 19

Constitution
Legislation
Administrative
Judicial decisions or jurisprudence
Custom
Other Sources

Question 20

the fundamental law or supreme law, the highest law of the land

Answer 20

Constitution

Question 21

the fundamental law or supreme law, the highest law of the land

Answer 21

Constitution

Question 22

laws enacted by Congress

Answer 22

Legislation

Question 23

purpose is to implement, explain or provide the details of legislations

Answer 23

Administrative

Question 24

decisions of the Supreme Court form part of our legal system

Answer 24

Judicial decisions or jurisprudence

Question 25

habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct

Answer 25

Custom

Question 26

may apply a custom only if there is no law or statute exactly applicable to resolve it

Answer 26

Custom

Question 27

courts resort to them only in the absence of all other sources

Answer 27

Other Sources

Question 28

highest court

Answer 28

supreme court

Question 29

vested in the Judicial Department of the government which comprises of the Supreme Court and other lower courts.

Answer 29

Judicial power

Question 30

consists of hierarchy of courts with a pyramid-like structure with the Supreme Court on top

Answer 30

judicial system

Question 31

hear and decide almost all cases not falling under the jurisdiction of special courts

Answer 31

Regular Court

Question 32

hear and decide special cases. These are the Sandiganbayan, Court of Tax Appeals and Sharia Courts.

Answer 32

Special Court

Question 33

regular and special courts because they too hear and decide actual cases and controversies

Answer 33

quasi - judicial agencies

Question 34

As to its purpose:

Answer 34

Substantive law
Adjective law

Question 35

creates and defines rights and duties which may be either public or private character

Answer 35

Substantive law

Question 36

prescribes the manner or procedure by which rights may be enforced or their violations redressed

Answer 36

Adjective law

Question 37

As to subject matter:

Answer 37

Public law
Private law

Question 38

regulates the rights and duties arising from the relationship of the state to the people

Answer 38

Public law

Question 39

regulates the relations of individuals with one another for purely private end

Answer 39

Private law

Question 40

sources of obligations and the rights and duties arising from agreements and the particular contracts

Answer 40

Law on Obligations and Contracts

Question 41

body of laws of a state or nation regulating ordinary private matters, as distinct from laws regulating criminal, political, or military matters

Answer 41

Civil Laws

Question 42

a collection of different civil laws and has 2270 articles

Answer 42

Civil Code

Question 43

The Civil Code took effect on

Answer 43

August 30, 1950

Question 44

The rule is

Answer 44

ignorance of the law excuses no one from complying with the law

Question 45

the act of any person who, with intent to gain for himself

Answer 45

Fencing

Question 46

includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing

Answer 46

Fence

Question 47

Anti-Fencing Law

Answer 47

Presidential Decree 1612