(P) L1.1: Intro to Law (Part 1) Flashcards
Refers to a rule of action, a system of uniformity
Law
T or F: The law determines the movements of men only, it does not count objects of creation whether animate or inanimate
False (it includes those as well)
According to the Black Dictionary, this is a system of principles and rules of human conduct
Law
This is a solemn expression of legislative will as it orders, permits, and forbids
Law
This announces rewards and punishments in relation to what passes in the ordinary course of affairs
Law
Why do we have a law? Because of ______
Order
The more laws are introduced, the more we become _______
Chaotic (because people can interpret the law differently)
T or F: The nature of law is to present it to the governing authorities
False (present it to the people’s consciousness so that they have a common use for it)
Who is/are the ultimate interpreter/s of the law?
Supreme Court
Pillars of the Government:
> The executing body
Executive
Pillars of the Government:
> The promulgating/enacting body
Legislative
Pillars of the Government:
> The body that settles controversies involving human rights
Judiciary
The need for internal order is as constant as the need for external _______
Defense
T or F: Society cannot thrive without internal defense and external order
False (internal order and external defense)
Refers to the sum of rules existing in a given society, under whatever particular forms it possesses
Law
General Divisions of the Law:
> The laws which are promulgated and enforced by the ______
State
This division of law concerns us most as it entails punishments, penalties, and incarceration
State Law
State law may deprive which three aspects in humans?
Life, Liberty, and Property
If there is ________ then there is a high chance that it deprives us of our life, liberty, and property
Punishment
This division of law is aka: positive law, municipal law, civil law, or imperative law
State Law
This is the law in connection to obligations and contracts, marriages, administration of justice, conduct of elections, and the entire governmental process itself
State Law
T or F: Only the state law is enforced by the state
True
T or F: State law will never concern itself with violations in divine law, natural law, or moral law
False (it can unless it constitutes a violation of its command)
Examination of divine law belongs to the field of what?
Philosophical Theology
Examination of natural law belongs to the field of what?
Meta-physics
Examination of moral law belongs to the field of what?
Ethics
Examination of physical law belongs to the field of what?
Physical science/physics
General Divisions of the Law:
> The laws which are NOT promulgated and enforced by the ______
State
T or F: Laws not enforced by the state can still deprive us of life, liberty, and property
False (it may affect, but not necessarily deprive)
This law is a revelation that was enacted and promulgated by God in the form of the 10 commandments
Divine Law
What are the possible punishments of divine law?
- Your current life
- Life after death (either you go to heaven or hell)
This is the law of religion and faith which concerns itself with the concept of sin and salvation
Divine Law
It was believed that the 10 commandments were given by God to whom?
Moses, the great Hebrew prophet and leader
This law is a collective interpretation of what is right and wrong based on society
Moral Law
T or F: Moral law is absolute and unchanging
False
T or F: People of the past agreed that it was okay to leave it to each member of society to determine what is right and wrong for everyone
False
T or F: There is a legal sanction for violations of moral law
False (only spontaneous social reaction such as public displeasure, contempt, or indignation)
T or F: If there is conformity to moral norms, there is a spontaneous social response in the form of public pleasure, approval, and joy
True
This law is aka divine inspiration, an innate interpretation of what is right and wrong
Natural Law
What is the punishment in natural law?
Your conscience
In this law, in every man there is a basic understanding of right and wrong based on an understanding of the fundamental standards of good and evil
Natural Law
This law refers to the instinct of justice, fairness, and righteousness as divinely inspired by the dictates of man’s higher nature
Natural Law
T or F: Natural law is ever present and binding at all times
True
T or F: Divine law and natural law are the same
False (divine law was made known by means of direct revelation while natural law was impressed in man as the core of his higher self)
This law is a course of nature, it talks about the sequence or phenomena that we sense around us
Physical Law
It is a law of science being addressed to the objects which have no power to disobey; it is nothing more than an order or regularity (only called a law by analogy)
Physical Law
T or F: The 1st and 2nd provisions have nothing to do with each other
False (once the 2nd provision violates the command of state law, only then can they intervene)
What characteristic of law is this?
> Tells us what should and shouldn’t be done
> Cognizance of external acts
Rule of Conduct
What characteristic of law is this?
> An imperative and positive command
> We have the duty to obey it, otherwise we will be punished
Obligatory
What characteristic of law is this?
> The legislative department is empowered to enact the law
Promulgated by legitimate authority
What characteristic of law is this?
> It is intended to maintain harmony in the society
> It must be observed otherwise it will cause absurdity
> Social life is impossible if we do not obey it
It is for common observation and benefit
Which source of law?
> The supreme law of the land
> All provisions are incorporated in all contracts
Constitution
This is a written document by which fundamental powers of the government are established, limited, and by which these powers are distributed among several departments for their safe and useful exercise for the people’s benefit
Constitution of the Republic of the Philippines
T or F: If the Executive branch declares a law as unconstitutional, then it will be scrapped
False (supreme court)
This document is promulgated by the people themselves, binding on all citizens and agencies of the government
Constitution
This is a law to which all other laws enacted by the legislature must conform
Constitution
Which source of law?
> Consists of the declaration of legal rules by a competent authority, the preponderant of law in the country
Legislation
Which source of law?
> Acts passed by them were called enacted law or statute law; it also includes ordinances enacted by local governments
Legislation
T or F: We legislate laws because all provisions of the constitution are self-executing
False (not all provisions are self-executing hence why it needs supplementary/enabling laws)
If a law was enacted, it is referred to as ________
Statute
Who legislates laws?
Congress
What is the upper chamber of the congress?
Senate
What is the lower chamber of the congress?
House of Representatives
Which source of law?
> Those issued by administrative officials under legislative authority
> Intended to clarify or explain the law and carry into effect its general provisions
Administrative or Executive Orders
T or F: Administrative acts are valid only when they are not contrary to the constitution
True
When the legislative branch creates an IRR, then the executive branch also makes one in the form of __________
Administrative or Executive Orders
T or F: The judiciary branch interprets the law
True
Which source of law?
> These are cases decided by the supreme court which form part of the legal system
Judicial Decisions or Jurisprudence
Refers to the decisions of the supreme court on a point of law bound to all subordinated courts
Doctrine of Precedent or Stare Decisis
T or F: The Supreme Court may no longer reverse or modify its previous rulings
False
T or F: The decisions of the supreme court in interpreting the constitution are “laws” by their own right
True (they declare what the laws say/mean)
T or F: Binding of the lower courts only involves specific cases while the supreme court judgements are applied to all
True
Which source of law?
> Consists of habits used in a very long time without interruption; there is acknowledgment and approval by the society as binding rules of conduct
Customs
T or F: Customs should follow rules of court and civil code
True
