Sources of Law Flashcards
What are the 3 Classification of the Sources of Law
By Authority
By Source
By Character
What are the two types of Sources of Authority?
Primary Authority
Secondary Authority
Where to find the Primary Authority sources?
a. Mandatory Primary authority
b. Persuasive mandatory authority
What are the secondary authority sources?
Books, commentaries, treatises, encyclopedias,
dictionaries and law review articles.
Not at all authority but as its best, persuasive.
Two Types of “By Source” sources of law
Primary Source
Secondary Source
Where to find Primary Sources?
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
Where to find the Secondary Sources of law?
The unofficial publications of private
publishers or institutions.
They are not
official sources of the law, nor are they
authorized to be official publishers.
Are Secondary Sources of Law essential?
Yes, to speed up the process of locating and enhancing the understanding of the primary source materials, which are the objective of research effort.
What are the classification of law books?
- Statute books
- Case books or law reports (court reports and
decisions) - Search books or law finders or finding tools
(include encyclopedia, digests, legal forms and
books of index)
What is a citator?
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.
Who are the members of the Executive Branch?
President
Vice President
Cabinet Members
Who are the members of the Legislative Branch?
Senate
House of Representatives
Who are the members of the Judicial Branch?
Supreme Court
Appellate Courts
Trial Courts
From the Executive Branch, what are the sources of law.
President - Ordin ance Power
- Executive order
- Administrative Order
- Proclamation
- Memorandum Order
- Memorandum Circular
- General or Special Order
RECALL: P E M M A G
From the Legislative Branch, what are the sources of law?
Legislative - enactment bills:
Act
CA: Commonwealth Act
RA - Republic Act
PD/BPs: Presidential Decree/Basta Pambansa
EO: Executive Order
RA: Republic Act