Parts of Statutes Flashcards
Parts of Statutes (8)
- Title
- Preamble
- Enacting Clause
- Body
- Repealing Clause
- Saving Clause
- Separability Clause
- Effectivity Clause
Parts of the Body of Statutes (6)
- Short Title
- Definition of Terms
- Policy Sections
- Substantive Provisions
- Penal Clause
- Administrative Sections
What are statutes?
Written enactments of the will of the legislative branch
What is the title of a statute?
The heading on the preliminary part, furnishing the name by which the act is individually known
What is the preamble of a statute?
Part of statute explaining the reasons for its enactment and the objects sought to be accomplished. Usually, it starts with “whereas”.
The introductory part of the statute that usually states the reasons and intent of the law accomplished
Defined as a ‘prefatory explanation or statement, often commencing with the word ‘whereas,’’ which purports to state the reason or occasion for making a law or to explain in general terms the policy of the enactment
What is the enacting clause of a statute?
Part of statute which declares its enactment and serves to identify it as an act of legislation proceeding from the proper legislative authority. “Be enacted” is the usual formula used to start this clause.
What is the body of a statute?
Also known as the Purview of a statute. The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found.
What is the repealing clause of a statute?
It announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law
What is the saving clause of a statute?
The provision in a statute or contract that ensures certain rights, obligations, or legal provisions that continue to be in force even if other parts of the statute or contract are repealed, amended, or invalidated
A restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal.
What is the separability clause of a statute?
Also known as the Severability clause
The part of a statute which makes the statute’s parts or provisions severable so that one part can be invalidated without invalidating the whole
Provides that in the event that one or more provisions are unconstitutional, the remaining provisions shall still be in force
General rule and exception for separability clause
General rule: If a part of a statute is invalidated, the other portions may stand and be enforced
Exception: If the parts of the statute are “mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended the mas a whole, the nullity of one part will vitiate the rest.”
What is the effectivity clause of a statute?
Provision when the law takes effect and/or announces the effective date of the law.
The objective of this clause is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens
What is the short title in the body of a statute?
This provides simple and easy designation of the statutory enactment
What is the definition of terms in the body of a statute?
This controls the definition of the words used in the statute
What is the policy section in the body of a statute?
This usually enumerates the objectives of the statute and the policy it seeks to uphold
What is the substantive provisions in the body of a statute?
Set forth “the rights, power, privileges, and immunities of persons benefited or regulated by the statute”
What is the penal clause in the body of a statute?
This sets forth sanctions that may be imposed against persons for violation of the statute (may be civil, criminal, or administrative)
What is the administrative selection in the body of a statute?
This is the manner by which the statute will be implemented
What are jurisprudential doctrines?
These are the fundamental frameworks, principles, or rules established through precedents by the judicial decisions of courts
These serve as guidiing rules or standards I nthe application and interpretation of laws in future cases
These play a crucial role in ensuring consistency, predictability, and fairness in the legal system
The rule on value and/or binding effect of jurisprudential doctrines
For a decision to be considered binding, generally, it needs to be voted by the MAJORITY OF THE MEMBERS PRESENT IN THE DELIBERATION
2 Types of decisions by the Supreme Court
- By En Banc
- By division(s)
Requirement vote for decisions by en banc
Majority vote of members who took part in the deliberations
Requirement vote for decisions by division
Majority vote of members who took part in the deliberations, if necessary, votes are not obtained then the case shall be referred to the Court En Banc
Rule on cases or matters heard by division
Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such members
Requirements for modification or the abandonment of doctrines
Provided under Sec. 4(3) Art. 8 of the Constitution
“No doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc”
This provision emphasizes that the Supreme Court has the power to modify or abandon its previous rulings based on new interpretations of law, changes in societal values, advancements in technology, or shifts in the political environment
2 Types of Jurisprudential Doctrines
- Obiter dictum
- Doctrine of Stare Decisis / Doctrine of Precedent
English for obiter dictum
Something said in passing
What do you mean by obiter dictum
Also referred to as dictum, dicta, or judicial dicta
It is only a mere opinion of the Court. In the case where lower court follows a precedent, it can reject or disregard the obiter dictum of the precedent case and follow the ratio decidendi
Define Ratio Decidendi
Latin for ‘rationale of a decision’
The principle or rule of law on which a court’s decision is founded
The rule of law on which a later court thinks that a previous court founded its decision This requires courts in the country to follow the rule established by the Court, that decision being judicial precedent.
English for stare decisis
To stand by things decided
What is the doctrine of stare decisis / doctrine of precedent
A principle of law as applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases, regardless of whether the parties and properties are the same
Lower courts are bound by the decisions rendered by the Supreme Court and expected to follow the established precedent. This helps maintain consistency and predictability in the interpretation and application of law
2 Kinds of Stare Decisis
- Horizontal Stare Decisis
- Vertical Stare Decisis
What do you mean by horitzontal stare decisis
Refers to a court adhering to its own precedent
What do you mean by vertical stare decisis
Refers to when it applies precedent from a higher court
