Sources of Law Flashcards

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1
Q

What are the 3 Classification of the Sources of Law

A

By Authority
By Source
By Character

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2
Q

What are the two types of Sources of Authority?

A

Primary Authority
Secondary Authority

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3
Q

Where to find the Primary Authority sources?

A

a. Mandatory Primary authority

b. Persuasive mandatory authority

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4
Q

What are the secondary authority sources?

A

Books, commentaries, treatises, encyclopedias,
dictionaries and law review articles.

Not at all authority but as its best, persuasive.

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5
Q

Two Types of “By Source” sources of law

A

Primary Source
Secondary Source

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6
Q

Where to find Primary Sources?

A

The official publications of the government or any of its agencies.

Examples: Official Gazette, Philippine
Reporrs, Journal of the Batasang Pambansa,
Proceeding of the Constitutional Convention

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7
Q

Where to find the Secondary Sources of law?

A

The unofficial publications of private
publishers or institutions.

They are not
official sources of the law, nor are they
authorized to be official publishers.

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8
Q

Are Secondary Sources of Law essential?

A

Yes, to speed up the process of locating and enhancing the understanding of the primary source materials, which are the objective of research effort.

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9
Q

What are the classification of law books?

A
  1. Statute books
  2. Case books or law reports (court reports and
    decisions)
  3. Search books or law finders or finding tools
    (include encyclopedia, digests, legal forms and
    books of index)
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10
Q

What is a citator?

A

A citation index of legal resources.

Allows the researcher to find newer documents that cite the
original document, and this is to reconstruct the judicial
history of cases and statutes.

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11
Q

Who are the members of the Executive Branch?

A

President
Vice President
Cabinet Members

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12
Q

Who are the members of the Legislative Branch?

A

Senate
House of Representatives

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13
Q

Who are the members of the Judicial Branch?

A

Supreme Court
Appellate Courts
Trial Courts

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14
Q

From the Executive Branch, what are the sources of law.

A

President - Ordin ance Power

  • Executive order
  • Administrative Order
  • Proclamation
  • Memorandum Order
  • Memorandum Circular
  • General or Special Order

RECALL: P E M M A G

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15
Q

From the Legislative Branch, what are the sources of law?

A

Legislative - enactment bills:

Act
CA: Commonwealth Act
RA - Republic Act

PD/BPs: Presidential Decree/Basta Pambansa

EO: Executive Order

RA: Republic Act

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16
Q

Legislative sources of law from 1900 to 1935?

A

Acts

17
Q

Legislative sources of law from 1935 to 1941?

A

CA: Commonwealth Act

American time

18
Q

Legislative sources of law from 1946 - 1972?

A

RA: Republic Act

After the War
Before Martial Law

19
Q

Legislative sources of law from 1972 to 1986?

A

PD: Presidential Decree
BP: Batas Pambansa

During Marcos Time

20
Q

Legislative sources of law from 1986 to 1987?

A

EO: Executive Order

Transition after the People Power

21
Q

Legislative sources of law from 1987 to present?

A

RA: Republic Act

After the 1987 Constitution

22
Q

From the Judicial Branch, what are the sources of law?

A
  • Jurisdiction: General, Special
  • Judicial Regions
  • Internal Rules
  • Other Rules
    - E-filing
    - EUPR: Efficient Use of Paper Rule
    - JAR: Judicial Affidavit Rule
    - Continuous trial: 180 days
    - Small Claims
23
Q

What are the parts of a case?

A

Title

Synopsis / Headnotes / Syllabit

Case History

Holding/ Opinion / Concurrin, Dissenting

24
Q

What is the content of the court?

A

Fallo