PTL Introduction Flashcards

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1
Q

Law in its general and abstract sense.

A

Derecho

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2
Q

Law in its specific and concrete sense.

A

Ley

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3
Q

It is the science of moral laws founded on the rational nature of man that governs his free activity for the realization of the individual and social ends under an aspect of mutual conditional dependence.

A

Law in its general and abstract sense (derecho).

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4
Q

Defined as a rule of conduct, just, and obligatory, promulgated by legitimate authority, and of common observance and benefit

A

Law in its specific and concrete sense (ley).

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5
Q

A law which creates, defines and regulates rights, or which regulates the rights and duties which give rise to a cause of action.

A

As to purpose: Substantive Law

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6
Q

A law which provides the method of aiding and protecting certain rights.

A

As to purpose: Adjective Law

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7
Q

A law which applies to all of the people of the state or all of a particular class of persons in the state, with equal force and obligation. Exe. Criminal Law, International Law, Political Law.

A

As to scope: General or Public Law

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8
Q

A law dealing with crimes and their punishment, as well as the procedure for that purpose.

A

As to scope: Criminal Law

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9
Q

Body of rules or principles of action governing the relations between States.

A

As to scope: International Law

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10
Q

Law regulating the relations sustained by the inhabitants of the territory to the sovereign.

A

As to scope: Political Law

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11
Q

A law which relates to particular persons or things of a class. Exe. Civil Law, Maritime Law, Mercantile Law.

A

As to scope: Specific or Private Law

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12
Q

The mass of precepts which determines and regulates those relations of assistance, authority, and obedience existing among members of a family and those which exist among members of society for the protection of private interest.

A

As to scope: Civil Law

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13
Q

The law dealing with commerce by sea involves regulations of ships and harbors and the status of seamen.

A

As to scope: Maritime Law

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14
Q

The law of commercial transactions derived from the law of merchants which includes, commercial paper, insurance and other types of agency.

A

As to scope: Mercantile Law

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15
Q

Defined as the custom or practice of traveling for pleasure, as well as the promotion by establishment of countries to attract tourists.

A

Tourism

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16
Q

The activities of persons traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business, and other purposes.

A

Tourism according to World Tourism Organization

17
Q

Body of rules or principles of action which deals with the regulation, authority, relations, and obedience among members of society involved in tourist travel and accommodation. It includes persons traveling from place to place for pleasure (tourist), and business establishments or persons engaged in the occupation of providing various services for tourists.

A

Tourism Law

18
Q

The fundamental law of the land, to which all other laws must conform.

A

Law relevant to T,T,HI: The Philippine Constitution

19
Q

It is the written will of the legislative department rendered authentic by certain prescribed forms and solemnities, prescribing rules of action, or civil conduct with respect to persons, things or both. Exe. Dangerous Drug Act, Public Service Act, Civil Code of the Philippines, Labor Code of the Philippines, Revised Penal Code, Seatbelt Law, local government ordinances.

A

Law relevant to T,T,HI: Statutes or Legislative Enactments

20
Q

These are issued by administrative officials under legislative authority.

A

Law relevant to T,T,HI: Administrative or executive orders, regulations, and rulings.

21
Q

These refer to the decisions of the Supreme Court in interpreting the laws or the Constitution.

A

Law relevant to T,T,HI: Judicial decisions or Jurisprudence

22
Q

It is a rule of conduct which in a given place among given groups of people, has been followed for an appreciable time.

A

Law relevant to T,T,HI: Custom

23
Q

These refer to decisions of foreign tribunals and opinions of textbook writers.

A

Law relevant to T,T,HI: Other sources

24
Q

The original and fundamental principles of law by which a system of government is created and according to which a country is governed.

A

The Constitution

25
Q

It is a written instrument by which the fundamental powers of the government are established, limited, and defined, and by which those powers are distributed among several departments for their safe and useful exercise for the benefits of the body politic.

A

The Constitution

26
Q

Constitutional provision Article III related to tourism.

A

Article III (Bill of Rights)

27
Q

Constitutional provisions Article XII related to tourism.

A

Article XII (National Economy and Patrimony)

28
Q

Bill of Rights, Sec. 1

A

Section 1. “No person shall be deprived of life, liberty, and property without due process of law, nor shall any person be denied the equal protection of the laws.”

29
Q

“measure of freedom which may be enjoyed in a civilized community consistently with the peaceful enjoyment of life freedom in others.”

A

Liberty according to Justice Malcolm

30
Q

“Includes the right to be free to use his faculties in all lawful ways; to live and work where he wills; to earn his livelihood by any lawful calling, to pursue any avocation; and for that purpose, to enter into all contracts which may be proper, necessary, and essential to his carrying out these purposes to a successful conclusion.”

A

Liberty according to Justice Malcolm

31
Q

“Freedom to do right and never wrong; it is guided by reason and the upright and honorable conscience of the individual.”

A

Liberty according to Justice Malcolm

32
Q

“anything which is or may be the object of appropriation.”

A

Property

33
Q

Anything which has money value and is supposed to be within the commerce of man.

A

Property

34
Q

The right to earn one’s daily wage and the right to engage in business.

A

Property

35
Q

Persons similarly situated should be similarly treated. There should be no favoritism. The benefits of membership in a state as well as the burdens should be distributed in equal measure. Uniformity of treatment should be the rule.

A

Equal Protection of the Law

36
Q

A law which hears before it condemns. It implies due notice to the individual of the proceedings, an opportunity to defend himself and the problem of the propriety of the deprivations, under the circumstances presented, must be resolved in a manner consistent with essential fairness.

A

“Due process of law”