Oblicon Flashcards
What is the general nature of Divine law?
Divine law is the law on obligations and contracts.
Source: 5:34 PM
What are the two general divisions of law?
- Law which is promulgated and enforced by the state (state law)
- Law which is not promulgated and enforced by the state (natural law)
Source: 5:34 PM
What does Moral law concern itself with?
Moral law concerns itself with the concept of sin and salvation.
Source: oblicon notes.pdf
What is Physical law in relation to physical science?
Physical law in relation to physical science refers to the uniformities of actions and orders of sequence in the operation or course of nature.
Source: 5:34 PM
What is another term for State law?
Another term for State law is civil law or imperative law.
Source: 5:34 PM
What are the characteristics of law according to the text?
- Secures justice
- Resolves social conflict
- Protects interests
- Controls social relations
Source: 5:34 PM
What are the sources of the law mentioned in the text?
- Constitution
- Legislation
- Administrative or executive orders, regulations, and rulings
- Judicial decisions or jurisprudence
- Customs
Source: 5:34 PM
What is the Doctrine of Precedent or Stare Decisis?
The Doctrine of Precedent or Stare Decisis refers to the decision of superior courts on a particular issue becoming binding on lower courts.
Source: 5:34 PM
What forms part of the legal system of the Philippines?
Interpreting the laws or the Constitution
Doctrine of Precedent or Stare Decisis
What are the decisions of the Supreme Court considered to be?
Laws by their own right
Until then, the decision of the SC applying or interpreting the laws or the Constitution are “laws” by their own right because they declare what the law says
What is the principle of justice and equity considered to be?
A source of law
It has the force of the law when recognized and enforced by the state Ex. A contract for services rendered where no definite compensation is stipulated. The compensation to be paid may be ascertained from custom and usage of the said place
What are customs considered to be when applied by the court?
Supplemental
But customs which are contrary to law, public order or public policy are not countenanced and approved by society as rulings. They are however NOT binding on the courts - they are however, ONLY supplemental, that is that they are resorted to by the courts in the absence of all the other sources.
What is the rule in case of doubt in interpretation or application of laws?
No judge or court shall decline to render judgment by reason of silence
In case of doubt, in the interpretation or application of laws, it is presumed that the law-making body intended right and justice to prevail
What is the Law on Obligations and Contracts?
The body of rules governing rights and duties arising from agreements and particular contracts
RA 386 otherwise known as the Civil Code of the Philippines
Does ignorance of the law excuse anyone from compliance?
No
Ignorance of the law excuses no one from compliance therewith (Art.3 NCC)
