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MTLBE > (P) L1.1: Intro to Law (Part 1) > Flashcards

(P) L1.1: Intro to Law (Part 1) Flashcards

1
Q

Refers to a rule of action, a system of uniformity

A

Law

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1
Q

T or F: The law determines the movements of men only, it does not count objects of creation whether animate or inanimate

A

False (it includes those as well)

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2
Q

According to the Black Dictionary, this is a system of principles and rules of human conduct

A

Law

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3
Q

This is a solemn expression of legislative will as it orders, permits, and forbids

A

Law

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4
Q

This announces rewards and punishments in relation to what passes in the ordinary course of affairs

A

Law

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5
Q

Why do we have a law? Because of ______

A

Order

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6
Q

The more laws are introduced, the more we become _______

A

Chaotic (because people can interpret the law differently)

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7
Q

T or F: The nature of law is to present it to the governing authorities

A

False (present it to the people’s consciousness so that they have a common use for it)

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8
Q

Who is/are the ultimate interpreter/s of the law?

A

Supreme Court

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9
Q

Pillars of the Government:
> The executing body

A

Executive

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10
Q

Pillars of the Government:
> The promulgating/enacting body

A

Legislative

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11
Q

Pillars of the Government:
> The body that settles controversies involving human rights

A

Judiciary

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12
Q

The need for internal order is as constant as the need for external _______

A

Defense

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13
Q

T or F: Society cannot thrive without internal defense and external order

A

False (internal order and external defense)

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14
Q

Refers to the sum of rules existing in a given society, under whatever particular forms it possesses

A

Law

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15
Q

General Divisions of the Law:
> The laws which are promulgated and enforced by the ______

A

State

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16
Q

This division of law concerns us most as it entails punishments, penalties, and incarceration

A

State Law

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17
Q

State law may deprive which three aspects in humans?

A

Life, Liberty, and Property

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18
Q

If there is ________ then there is a high chance that it deprives us of our life, liberty, and property

A

Punishment

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19
Q

This division of law is aka: positive law, municipal law, civil law, or imperative law

A

State Law

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20
Q

This is the law in connection to obligations and contracts, marriages, administration of justice, conduct of elections, and the entire governmental process itself

A

State Law

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21
Q

T or F: Only the state law is enforced by the state

A

True

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22
Q

T or F: State law will never concern itself with violations in divine law, natural law, or moral law

A

False (it can unless it constitutes a violation of its command)

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23
Q

Examination of divine law belongs to the field of what?

A

Philosophical Theology

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24
Q

Examination of natural law belongs to the field of what?

A

Meta-physics

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25
Q

Examination of moral law belongs to the field of what?

A

Ethics

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26
Q

Examination of physical law belongs to the field of what?

A

Physical science/physics

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27
Q

General Divisions of the Law:
> The laws which are NOT promulgated and enforced by the ______

A

State

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28
Q

T or F: Laws not enforced by the state can still deprive us of life, liberty, and property

A

False (it may affect, but not necessarily deprive)

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29
Q

This law is a revelation that was enacted and promulgated by God in the form of the 10 commandments

A

Divine Law

30
Q

What are the possible punishments of divine law?

A
  1. Your current life
  2. Life after death (either you go to heaven or hell)
31
Q

This is the law of religion and faith which concerns itself with the concept of sin and salvation

A

Divine Law

32
Q

It was believed that the 10 commandments were given by God to whom?

A

Moses, the great Hebrew prophet and leader

33
Q

This law is a collective interpretation of what is right and wrong based on society

A

Moral Law

34
Q

T or F: Moral law is absolute and unchanging

A

False

35
Q

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

A

False

36
Q

T or F: There is a legal sanction for violations of moral law

A

False (only spontaneous social reaction such as public displeasure, contempt, or indignation)

37
Q

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

A

True

38
Q

This law is aka divine inspiration, an innate interpretation of what is right and wrong

A

Natural Law

39
Q

What is the punishment in natural law?

A

Your conscience

40
Q

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

A

Natural Law

41
Q

This law refers to the instinct of justice, fairness, and righteousness as divinely inspired by the dictates of man’s higher nature

A

Natural Law

42
Q

T or F: Natural law is ever present and binding at all times

A

True

43
Q

T or F: Divine law and natural law are the same

A

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)

44
Q

This law is a course of nature, it talks about the sequence or phenomena that we sense around us

A

Physical Law

45
Q

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)

A

Physical Law

46
Q

T or F: The 1st and 2nd provisions have nothing to do with each other

A

False (once the 2nd provision violates the command of state law, only then can they intervene)

47
Q

What characteristic of law is this?
> Tells us what should and shouldn’t be done
> Cognizance of external acts

A

Rule of Conduct

48
Q

What characteristic of law is this?
> An imperative and positive command
> We have the duty to obey it, otherwise we will be punished

A

Obligatory

49
Q

What characteristic of law is this?
> The legislative department is empowered to enact the law

A

Promulgated by legitimate authority

50
Q

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

A

It is for common observation and benefit

51
Q

Which source of law?
> The supreme law of the land
> All provisions are incorporated in all contracts

A

Constitution

52
Q

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

A

Constitution of the Republic of the Philippines

53
Q

T or F: If the Executive branch declares a law as unconstitutional, then it will be scrapped

A

False (supreme court)

54
Q

This document is promulgated by the people themselves, binding on all citizens and agencies of the government

A

Constitution

55
Q

This is a law to which all other laws enacted by the legislature must conform

A

Constitution

56
Q

Which source of law?
> Consists of the declaration of legal rules by a competent authority, the preponderant of law in the country

A

Legislation

57
Q

Which source of law?
> Acts passed by them were called enacted law or statute law; it also includes ordinances enacted by local governments

A

Legislation

58
Q

T or F: We legislate laws because all provisions of the constitution are self-executing

A

False (not all provisions are self-executing hence why it needs supplementary/enabling laws)

59
Q

If a law was enacted, it is referred to as ________

A

Statute

60
Q

Who legislates laws?

A

Congress

61
Q

What is the upper chamber of the congress?

A

Senate

62
Q

What is the lower chamber of the congress?

A

House of Representatives

63
Q

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

A

Administrative or Executive Orders

64
Q

T or F: Administrative acts are valid only when they are not contrary to the constitution

A

True

65
Q

When the legislative branch creates an IRR, then the executive branch also makes one in the form of __________

A

Administrative or Executive Orders

66
Q

T or F: The judiciary branch interprets the law

A

True

67
Q

Which source of law?
> These are cases decided by the supreme court which form part of the legal system

A

Judicial Decisions or Jurisprudence

68
Q

Refers to the decisions of the supreme court on a point of law bound to all subordinated courts

A

Doctrine of Precedent or Stare Decisis

69
Q

T or F: The Supreme Court may no longer reverse or modify its previous rulings

A

False

70
Q

T or F: The decisions of the supreme court in interpreting the constitution are “laws” by their own right

A

True (they declare what the laws say/mean)

71
Q

T or F: Binding of the lower courts only involves specific cases while the supreme court judgements are applied to all

A

True

72
Q

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

A

Customs

73
Q

T or F: Customs should follow rules of court and civil code

A

True

MTLBE (30 decks)

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