module 3

Question 1

Verba legis non est recedendum

Answer 1

from the words of a statute there should be no departure

Question 2

Ratio legis est anima

Answer 2

The reason for the law is its soul/Legislative intent is the vital part and essence of the law

Question 3

UT magis vbaleat quam perat

Answer 3

Construction includes every word

Question 4

The whole rule

Answer 4

Presumption of consistent usage

Question 5

Relevant canons

Answer 5

The whole rule Presumption of consistent usage Rule to avoid surplusage Assosciate words canon
Ejusdem generis canon
Related statutes canon Supremacy of text principle Presumption against ineffectiveness

Question 6

Textualism

Answer 6

Rely on ordinary meaning o words in statute

Question 7

Intentionaism

Answer 7

Focuse on the meaning that the legislature intended

Question 8

Pragmatism

Answer 8

Reject notion of fixed or meaning

Question 9

Law of the case

Answer 9

Procedural rule governing an appellate courts decision on a question of law

Question 10

Res judicata

Answer 10

All cases must end, Describes a prior court adjudication’s effect upon a later arising
litigation.
(1) the judgment sought to bar the new action must be final; (2) the decision must have been rendered by a court having jurisdiction over the subject matter and the parties; (3) the disposition of the case must be a judgment on the merits; and (4) there must be as between the first and second action,

Question 11

Stare dececis in action

Answer 11

Soul of commo law, previous statutes recognized

Question 12

Landmark case

Answer 12

Unprecedented case

Question 13

Leading case and abandonment of doctrine

Answer 13

Change of doctrine

Question 14

Dura lex Sed Lex

Answer 14

Civil law justices restrict to code

Common law, judicial advocates

Question 15

RA 10951

Answer 15

An Act Adjusting the Amount or the Value of Property and Damage on which a Penalty is based

Question 16

Doctrine of Last Antecedent

Answer 16

what is being referred to unless it is otherwise provided → should refer to the publication date

Question 17

Primary objective of statutory construction

Answer 17

to ascertain and give effect to the intention of the legislature

Question 18

Index animi sermo-

Answer 18

speech is the index of intention Presumption that the words used by congress correctly express its intention, precluding the court from construing it differently

Question 19

Test of multiple interpretations

Answer 19

capable of two or more reasonable interpretations,

Question 20

Test of Impossibility -

Answer 20

literal application is impossible or inadequate

Question 21

Test of Absurdity or

Unreasonableness

Answer 21

literal interpretation leads to unjust, absurd, unreasonable or mischievous result, or one at variance with the policy of the law as a whole

Question 22

Tests

Answer 22

Test of Absurdity or
Unreasonableness
Test of Impossibility -
Test of multiple interpretations

Question 23

Judicial Function

Answer 23

The duty and ultimate power to construe the laws is vested in the judicial department

Question 24

Insignificant side remarks of a judge/case. Judicial comments unnecessary to a case

Answer 24

Obiter Dicta

Question 25

Res Judicata

Answer 25

matter settled

Question 26

Ratio decidendi

Answer 26

binding remarks