Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CRIM LAW 1 > PART 1 > Flashcards

PART 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

It is branch of public law which DEFINES CRIME, TREATS OF THEIR NATURE and provides for their punishment

A

Criminal Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

punishable by CITY or municipal ordinances

A

INFRACTIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Punishable by SPECIAL PENAL LAWS

A

OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Punishable by the RPC

A

FELONY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

a MISDEMEANOUR, an offense, or SIMPLY CRIME

A

Delict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

An act committed or omitted in violation of a public law forbidding or commanding it.

A

CRIME

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

the FAULT OR NEGLIGENCE OF A PERSON CAUSING DAMAGE TO ANOTHER and there is no pre existing contractual relation between the parties

A

Quasi delict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Quasi delict also known as?

A

CULPA AQUILIANA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Act 3815?

A

the Revised Penal Code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

SOURCES OF CRIMINAL LAW:

A
  1. Act 3815 known as the Revised Penal Code
  2. Special Penal Laws passed by Congress
  3. Presidential Decrees issued by President Marcos
  4. Codigo Penal De Espana
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Codigo Penal De Espana known as?

A

Spanish Penal Code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The body of principles, usages and rules of actions which DO NOT RESULT FROM THE EXPRESS ACT OF THE LEGISLATURE

A

COMMON LAW CRIMES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

NULLUM CRIMEN NULLA POENA SINE LEGE means?

A

there is no crime if there is no law punishing it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

CHARACTERISTICS OF CRIMINAL LAW:

A

General
Territorial
Prospective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

criminal law is binding on ALL PERSONS WHO LIVE or sojourn in the Philippines,
regardless of age, sex or nationality.

A

General

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

criminal laws are APPLICABLE ONLY IF THE CRIME IS COMMITTED WITHIN PHILIPPINE TERRITORY

A

Territorial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

criminal law cannot make an act punishable in a manner in which iIT WAS NOT PUNISHABLE WHEN COMMITTED

A

Prospective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Exception to the GENERAL CHARACTERISTICS:

A
  1. As provided by treaty stipulations
  2. As provided by laws of preferential applications
    3.principles of public international laws:
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

principles of public international laws:

A

Sovereigns and other chief of states
Ambassadors,
Minister plenipotentiaries
Minister residents
charges d’ affaires.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

PROSPECTIVE Also known as

A

prospectivity or irretrospectivity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

It means the law (as a general rule) DOES NOT HAVE RETROACTIVE EFFECT

A

PROSPECTIVE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Exception to the PROSPECTIVE CHARACTER

A

When the new law is favourable to the accused.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

It is strictly CONSTRUED AGAINST THE STATE and liberally in favor of the accused

A

Penal laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When there is doubt about the meaning or application or interpretation of a penal
law and the doubt admits of TWO INTERPRETATION

A

PRO REO DOCTRINE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

the doubt admits of TWO INTERPRETATION

A

lenient to offender
favorable to him

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

The OLD PENAL CODE which took effect until

A

December 31, 1931

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

ADMINISTRATIVE ORDER 94 of the DOJ dated

A

October 18, 1927

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

RPC APPROVED ON

A

December 8, 1930

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

RPC TOOK EFFECT

A

January 1, 1932

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

THEORIES IN CRIMINAL LAW:

A

*Classical Theory
*Positivist Theory
*Eclectic Theory

22
Q

The basis of criminal liability is human free will and the
purpose of PENALTY IS RETRIBUTION

A

Classical Theory

23
Q

Man is a moral creature with an ABSOLUTE FREE WILL to choose between good and evil

A

Classical Theory

23
Q

The purpose of PENALTY IS REFORMATION of accused.

A

Positivist Theory

23
Q

Man is subdued occasionally by a strange and MORBID PHENOMENON WHICH CONSTRAIN HIM TO DO WRONG

A

Positivist Theory

23
Q

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE
WITHIN PHILIPPINE WATERS:

A
  • English Rule
  • French Rule
23
Q

the crime is punishable in the Philippines, unless the CRIME MERELY AFFECTS THINGS within the vessel

A

English Rule

24
Q

the crime is NOT TRIABLE IN THE COURTS OF THAT COUNTRY unless their commission has effects on the safety of the coastal state.

A

French Rule

25
Q

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS:

A
  • No Ex Post Facto Law shall be enacted
  • No Bill of Attainder shall be passed
26
Q

is a law that makes
CRIMINAL AN ACT DONE BEFORE THE PASSAGE OF THE LAW and which was innocent when
done, and punishes such an act

A

Ex Post Facto Law

27
Q

is a law which INFLICTS PUNISHMENT WITHOUT TRIALS

A

Bill of Attainder

28
Q

It may also be defined as a law which AGGRAVATES CRIME or makes it greater than it was, when committed

A

Ex Post Facto Law

29
Q

When Felonies are committed?

A

Felonies are committed not only be means of deceit (dolo) but also by means of
fault (culpa).

29
Q

An Acts and omissions PUNISHABLE BY LAW

A

FELONY

29
Q

When There is deceit?

A

There is deceit when the act is performed with deliberate intent

29
Q

When there is fault?

A

there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

29
Q

ELEMENTS OF FELONIES IN GENERAL:

A
  • An act or omission
  • Act or omission punishable by the RPC
  • Act is performed or omission is incurred by means of dolo or culpa
30
Q

is any BODILY MOVEMENT tending to produce some effects in the external
world.

A

Act

31
Q

inaction, the FAILURE TO PERFORM AN ACT one is bound to do

A

Omission

32
Q

It is involves LACK OF SKILL

A

Imprudence

33
Q

it is involves LACK OF FORESIGHT

A

Negligence

34
Q

it is involves a deficiency of ACTION

A

Imprudence

35
Q

it is indicates a deficiency of
PERCEPTION.

A

Negligence

36
Q

Requisites of DOLO OR MALICE (INTENTIONAL FELONIES)

A
  • Freedom of action
  • Intelligence
  • Intent
36
Q

It is CRIMINAL INTENT

A

MEN’S REA

37
Q

the iINTENTION OR KNOWLEDGE OF WRONG DOING that constitutes part of a crime, as opposed to the action or conduct of the accused.

A

MEN’S REA

38
Q

Requisites of FAULT OR CULPA (CULPABLE FELONIES):

A
  • Freedom of action
  • Intelligence
  • Imprudent, negligent, or lack of foresight or lack of skill
39
Q

is a MISAPPREHENSION OF FACT on the part of the person who caused injury to another

A

MISTAKE OF FACT

40
Q

IGNORANTIA LEGIS NON EXCUSAT means?

A

IGNORANCE OF THE LAW EXCUSES NO ONE FROM THE COMPLIANCE THERE WITH

40
Q

IGNORANTIA FACTI EXCUSAT means?

A

ignorance of a fact is an excuse.

41
Q

Any act done under a MISTAKEN IMPRESION OF A MATERIAL FACT is excused

A

IGNORANTIA FACTI EXCUSAT

42
Q

The ACT ITSELF DOES NOT MAKE A MAN GUILTY unless his intention was so.

A

Actus non facit reum nisi mens sit rea

43
Q

An ACT DONE BY ME AGAINST MY WILL is not my act

A

Actus me invito factus nonest meus actus

44
Q

Those which are SO SERIOUS IN EFFECT to the so society so as to call for their unanimous condemnation

A

CRIMES MALA IN SE

44
Q

It is WRONGFUL IN NATURE. Since the beginning of time

A

CRIMES MALA IN SE

45
Q

These are VIOLATION OF MERE RULES of convenience designed to secure a more orderly affairs of the society

A

CRIMES MALA PROHIBITA

46
Q

Made wrongful ONLY BY STATUTE

A

CRIMES MALA PROHIBITA

47
Q

is the PURPOSE TO USE PARTICULAR MEANS to effect such result.

A

Intent

47
Q

It is not only mean the obligation to serve the personal or IMPRISONMENT PENALTIES BUT IT ALSO INCLUDES THE LIABILITY TO PAY THE FINES or pecuniary
penalties.

A

Criminal liability

47
Q

the MOVING POWER which impels one to action for a definite result

A

Motive

48
Q

mistake in IDENTITY OF THE VICTIM

A

Error in personae

49
Q

mistake in BLOW

A

Aberratio Ictus

50
Q

Result done is GREATER THAN THAT ORIGINALLY INTENDED

A

Praeter Intentionem

51
Q

What is Rationale of Par. 1?

A

El que es causa de la causa es causa del mal causado.

52
Q

El que es causa de la causa es causa del mal causado. means?

A

He who is the cause of the cause is the cause of the evil caused.

CRIM LAW 1 (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions