Quiz 2 (Objective)

Question 1

Interpretation

Answer 1

Rational process by which we understand a text. Interpreted to the context as reference.

Question 2

Construction

Question 3

Liberal construction

Answer 3

the act of interpreting a writing, such as a constitution or statute, in a way that applies it to the situation presented and tends to achieve the spirit and purpose of the writing. this resolves all reasonable doubt in favor of the applicability of the statute

Question 4

Abrogation

Question 5

Pari Materia

Answer 5

RELATING TO THE SAME SUBJECT. When there are two laws covering the same subject which are irreconcilably inconsistent with each other, one will be struck down as having been repealed by the other. The general idea is that a later law on the same subject repeals an earlier law. This is pursuant to the Civil Code provision that “laws are repealed only by subsequent ones”

Question 6

Strict Construction

Answer 6

This when the letter of the statute is enlarged or restrained to accomplish its intended purpose. It allows the extension of the statute beyond the literal meaning of the words used in order to include cases within the mischief that the statute seeks to address.

Question 7

Legislative Intent

Answer 7

This is determined principally from the language of a statute.

Question 8

Judicial Legislation

Question 9

Judicial Activism

Question 10

Ponencia

Question 11

Precedents

Question 12

Res Judicata

Question 13

Cause of Action

Question 14

Lites Pedentia

Question 15

Finality of Judgement

Question 16

Verba Legis

Answer 16

This is Plain meaning. If a statute is clear, plain and free from ambiguity, it
must be given its literal meaning and applied without attempted interpretation.

Question 17

Dura lex Sed Lex

Answer 17

THE LAW MAY BE HARSH BUT IT IS STILL THE LAW.This has application to criminal or penal statutes that even if the law imposes a harsh penalty courts are without discretion but to impose the penalty prescribed for the crime or offense. This is true because the primary duty of the courts is to apply the law, as and where it is found.

Question 18

Casus Omissus

Answer 18

case omitted.

Question 19

Stare Decisis

Question 20

Ratio legis Et anima

Question 21

Cessante Ratione Legis, Cessat Et Ipsa lex

Question 22

Noscitor A Sociis

Answer 22

ASSOCIATED WORDS. Words of the law are to be read in its context with other provisions. They are not to be taken as separated from each other. The reading of the context will reveal an intention deeper than that which is contained in the reading of a single provision or word.

Question 23

Ejusdem Generis

Answer 23

This is applicable when the law contains an enumeration and mentions in the end of the list of expansive terms to include things of the same species as those enumerated

Question 24

Expressio Unius Est Exclusion Alterius Casus Omissus

Answer 24

This is applicable when the list is exclusive. restrictive.

Question 25

Reddendo Singula Singulis

Question 26

Doctrine of the Last Antecedents

Question 27

Clerical Errors

Question 28

Disjunctive Word

Question 29

Conjunctive Word

Question 30

Capitalization of letters

Answer 30

This indicates whether the noun is Proper or common and aids the Courts in determining whether the law applies generally or to a particular person or thing or class of person.

Question 31

Presumptions

Answer 31

These indicate upon which party has the burden of proof. The failure to prove the case by the degree of proof required in a certain case to overturn such, should prompt the court to rely and rule on the basis of it.

Question 32

Necessary Implication

Answer 32

That which is plainly implied form the language is much a part of it as that which is expressed. Unavoidable inferences guide the courts in determining legislative intent in cases where the silence of the law leaves a vacuum or absurd application thereof.

Question 33

Redderdo Singula/ Doctrine of Collocation

Question 34

Surplusage

Question 35

Headnotes

Answer 35

these are convenient indicators of the index of the statute. Although weak as an aid to construction and interpretation, the same may nevertheless be used to clarify an ambiguity. As indices of the law, the same may serve to particularize the subject and thus resolve the ambiguity that may be found.

Question 36

Punctuation Mark

Answer 36

Are separators of ideas and they are indicators of intent to the application of the law. They are grammatical tools used to determine the separation of thoughts from each other, and to which thought or clause a particular phrase applies.

Question 37

Indivisible Statute

Answer 37

This is statutes are those which cannot stand alone when any of its provisions is declared invalid.

Question 38

Divisible Statute

Answer 38

This statutes on the other hand are those which can stand on their own when one or some of its provisions is declared invalid

Question 39

Doctrine of Hierarchy of courts

Question 40

Supreme court

Question 41

Court of Appeals

Question 42

Sandiganbayan

Question 43

Court of Tax Appeals

Question 44

Regional Trial Court

Question 45

MTCC

Question 46

MTC

Question 47

MCTC

Question 48

MeTC

Question 49

Ombudsman

Question 50

Supreme court End Banc