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Statutory Construction (Midterm) > Statutory Construction Fundamentals > Flashcards

Statutory Construction Fundamentals Flashcards

1
Q

This is a branch of science which establishes the principles as well as rules of interpretation and construction of written laws.

A

LEGAL HERMENEUTICS

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2
Q

The application of the principle and rules of hermeneutics

A

EXEGESIS

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3
Q

The interpretative interpretation by officers, administrative
agencies, department heads and others officially charged with the duty of administering or enforcing a statute carries great weight in determining its operation. though often accepted by the judiciary, however, is not binding upon the courts.

A

EXECUTIVE CONSTRUCTION

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4
Q

Is to ascertain the meaning and intention of the legislature so that the same may be enforced.

A

STATUTORY CONSTRUCTION

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5
Q

This will not be enlarged beyond the actual signification of the words used or extended beyond the limits which the words themselves actually set.

A

EXCEPTIONS IN THE LAWS

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6
Q

Courts should not incorporate matters not provided in the law

A

JUDICIAL RULING

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7
Q

The objective footprints left on the trail of legislative enactment.

A

LEGISLATIVE INTENT

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8
Q

This gives effect to the intent of the law and is in keeping with the modern trend of similar statutes should be followed

A

INTERPRETATION

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9
Q

Is deemed enacted pursuant to the legislative policy embodied in prior statutes relating to the same subject matter. When the
legislature enacts a provision, it is understood that it is aware of previous statutes relating
to the same subject matter and that in the absence of any express repeal or amendment
therein, the new provision should be deemed enacted pursuant to the legislative policy embodied in the prior statutes.

A

STATUTORY PROVISION

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10
Q

Doubtfulness, doubleness of meaning, or indistinctness or uncertain of meaning of the expression used in a written instrument

A

AMBIGUITY

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11
Q

It is ambiguous where
some of the words used therein may refer to several objects and the manner of their use
does not disclose the particular object to which the words refer.

A

STATUTE

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12
Q

Is the body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. It is the fundamental law of the
land to which all other laws must conform.

A

CONSTITUTION

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13
Q

Is not the origin of private rights, it only recognizes and declares the inherent rights of pre-existing rights and prerogatives of a free people; it sets up the governmental
machinery.

Is permanent in character while statutes are tentative, of temporary expedients.

A

CONSTITUTION

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14
Q

Former lays down the general principles and the foundation of government whereas the
latter has to set in detail its purpose or subject matter of which it treats

A

STATUTE

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15
Q

Series of prescriptions setting forth the fundamental civil
and political rights of the citizens with correlative limitations on the power of
government as a means of securing the full enjoyment of those rights.

A

CONSTITUTION OF LIBERTY

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16
Q

Set of provisions setting up the governmental framework.

A

CONSTITUTION OF GOVERNMENT

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17
Q

Prescribing the procedure for amending the constitution

A

CONSTITUTION OF SOVEREIGNTY

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18
Q

One whose provisions have not been reduced to writing and formally embodied in a single document. Consists largely of mass of customs, usages
and judicial decisions together with a few legislative enactment of a fundamental character

A

UNWRITTEN

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19
Q

Provisions of which are embodied in a single formal document or set of documents. It is a product of a deliberate effort to lay down the fundamental principles in accordance with which the government shall be organized and conducted.

A

WRITTEN

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20
Q

One whose origin lies mainly in customs, common law, judicial
decisions, and the like. It is the product of evolution and growth rather than of
deliberate and formal enactment.

A

CUMULATIVE

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21
Q

One which has been formulated ether by constitutional convention or by a royal proclamation

A

CONVENTIONAL

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22
Q

Legally stands over and above ordinary laws and which may be amended only through proceedings different from ordinary legislative proceedings.

A

RIGID

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23
Q

Maybe amended anytime thru ordinary legislative proceeding

A

FLEXIBLE

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24
Q

Is the written will of the legislature solemnly expressed according to the forms necessary to constitute a law of the state. It is the expression of the public will and mandate of the people acting thru their representatives.

A

STATUTES

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25
Q

Refers to judicial interpretation and application of the statutes

A

STATUTE LAW

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26
Q

Nothing becomes a law simply because men who possess the legislative power will enact
it. To become a law, a bill must be acted upon by a validly constituted body in a prescribed manner or procedure.

A

ENACTMENT OF STATUTES

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27
Q

One Subject Expressed in a title of the Bill

A
  1. To avoid log rolling
  2. To prevent surprise or fraud upon the legislature
  3. To fairly apprise the people of the subjects of legislation being considered so that they may have the opportunity of being heard thereon, if they shall so desire.
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28
Q

Announces the subject of the Bill

A

TITLE

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29
Q

Explains the reason for the enactment and the objects sought to be
attained thereby

A

PREAMBLE

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30
Q

Identifies the Bill as an act of legislation by expressing the
clause does not invalidate a statute unless there is an express constitutional
requirement.

A

ENACTING CLAUSE

31
Q

Embodying the right or remedy provided for

A

BODY

32
Q

That portion which provides for the time when the law shall
take effect.

A

DATE OF EFFECTIVITY

33
Q

Is one which affects all of the people of the state or all persons or things of a particular class. It operates equally to all persons in the same
category

A

GENERAL LAWS

34
Q

Relates to either particular persons or things, or to particular
persons or things of a class or which operates in a portion of a class instead of all
classes.

A

SPECIAL LAWS

35
Q

Operate over a particular locality instead of over the whole territory of
the state.

A

LOCAL LAW

36
Q

Concern the interest of the public at large. Applies to the entire territory, to all people

A

PUBLIC LAWS

37
Q

Concerns and affects particular individual

A

PRIVATE

38
Q

One which is expressed in an affirmative terms.

A

AFFIRMATIVE STATUTE

39
Q

One which is expressed in the negative terms-terms of
prohibition

A

NEGATIVE STATUTE

40
Q

Anticipates the regulation of future conduct

A

PROSPECTIVE STATUTE

41
Q

Affects acts already committed and operates on transactions
completed

A

RETROSPECTIVE

42
Q

If non-compliance therewith renders the proceedings to which it relates null and void

A

MANDATORY

43
Q

If non-compliance therewith does not invalidate the proceedings to
which it relates.

A

DIRECTORY

44
Q

Which afford remedy, or improve or facilitate existing remedies for the
enforcement of right and of redress of injuries

A

REMEDIAL

45
Q

Which impose punishment for the violation of its provisions

A

PENAL STATUTES

46
Q

Are enacted to cure defects in prior or to validate legal
proceedings, instruments, or acts of public authorities which without such statutes would otherwise be void for want of conformity with certain existing legal requirements. They are called legalizing act

A

CURATIVE STATUTES

47
Q

One which operation or effectivity is not limited to some
particular term or period, but continues in force until repealed or amended

A

PERMANENT STATUTE

48
Q

Whose operation or effectivity is limited to a fixed period or
term. IT continues in force up to the expiration of said period or term, unless
earlier repealed or amended

A

TEMPORARY STATUTE

49
Q

Which purports to be independent of existing statutory provision

A

ORIGINAL STATUTE

50
Q

One which revokes or terminates another statute. However, only when it specifically and exclusively purports to repeal a former statute will
the courts consider it repealing for constitutional purposes

A

REPEALING STATUTE

51
Q

Which expressly adds to or supplements, or works out an
improvement in the original law. Strictly speaking it is an independent statute

A

AMENDATORY STATUTE

52
Q

Are those which allow certain acts or omission especially
those of injurious of the rights of others

A

PERMISSIVE STATUTE

53
Q

Those which forbid the doing of certain things which are
injurious to the public

A

PROHIBITIVE STATUTE

54
Q

Those which command the doing of certain things and at
the same time prescribe the manner or form of performance

A

PRECEPTIVE STATUTE

55
Q

Is a re-enactment of the whole body of positive law
Process of codification- revision of previously enacted legislation, with elimination of
repealed laws, inclusion of proper amendments and the systematic arrangement of the
laws by subject matter

A

CODE

56
Q

Those of a state which are adopted wholly or in part by another state; they are enacted as statutes of the adopting state

A

ADOPTED STATUTES

56
Q

Are pre-existing statutes which are passed by the same
legislature which originally enacted them in the same terms or in substantially the
same language and for the same purpose and object as the original statute.

A

RE-ENACTED STATUTE

57
Q

Is a systematic arrangement of all the statutes of a state, published to
facilitate the discovery of the law. It does not include revision nor amendment nor repeal, it
is limited to the mechanical work of arrangement

A

COMPILATION

58
Q

or interpretative statute is one passed for the purpose of clarifying any ambiguity in the statements o the law which the legislature determines to be
inaccurate. It expounds the true meaning and intent of a prior legislative act

A

DECLATORY STATUTES

59
Q

Enactment of the legislature employed either to express
sentiments or opinions, or to carry out the internal affairs of the legislative body,
or to make temporary laws, or to establish procedures for constitutional
amendments. It is generally formal and therefore less authoritative expressions
of legislative purpose

are not laws, since laws refer to those legislative enactments which operate
on all persons in society and must be enforced by the legislative dept and sustained by the judiciary. In a limited sense however, resolutions have the effect of law, as where the operation of certain statutes may be conditioned on or terminated by the adoption of concurrent resolutions

A

RESOLUTION

59
Q

Is an act passed by a municipal in the exercise of its law-making
authority

A

ORDINANCE

59
Q

A simple resolution but passed by both chambers of the
legislature. It performs the same functions as the ordi-to anary simple resolutions, except that it reflects the opinion of the entire legislative body, instead of the opinion of only one chambeR.

A

CONCURRENT RESOLUTION

60
Q

Is a formalized motion passed by a majority of a single
legislative chamber. It usually used to create special committees, to express
recognition for meritorious services, to extend sympathy on the death of a
member, and to express opinions to another governmental body. It is also used
to establish rules governing internal affairs

A

SIMPLE RESOLUTION

61
Q

Is very similar to statutes. It undergoes the same process as a bill towards its enactment. Unlike a concurrent resolution, this
passes thru greater procedural safeguards and delays calculated to insure the
expression of a more sober judgment.

A

JOINT RESOLUTION

62
Q

which limits the operation of a statute to such facts and causes
arising after its enactment

A

PROSPECTIVE INTERPRETATION

63
Q

Which holds or states the Statute to be applicable or
governing transactions or states of facts wholly completed prior to its enactment

A

RETROSPECTIVE INTERPRETATION

64
Q

When the words of a Statute are clear and unambiguous,
they must be held to mean what they plainly express

A

LITERAL CONSTRUCTION

65
Q

The process whereby the words of the statutes are arrested from their plain and obvious meaning and made to bear an entirely
different meaning for the purpose of avoiding absurd or unjust result

A

ARTIFICIAL OR STRAINED CONSTRUCTION

66
Q

This is refers to an opinion written by an appellate judge or SCJ who DISAGREES with the majority opinion in a given case.

A

DISSENTING OPINION

67
Q

This refers to an opinion that AGREES with the majority opinion but does not agree with the rationale behind it ( partly or wholly). Instead of joining the majority, this were judge that will write a separate opinion describing the basis behind their decision.

A

CONCURRING OPINION

68
Q

This is that part of a court decision which contains the judgement or resolution of the issues subject of the comlaint or petition. It usually appears as the very last paragraph in a deicsino as in “ Petition is hereby dismissed for lack of merit”, or “ wherefore, the petition is granted”, or “We rule that the…”

A

DISPOSITIVE PORTION

69
Q

This is the fundamental to the philippine legal system . In judicial decisions, the majorityopinion represents the collective judgement of the court and is considered binding on lower courts. Thid principle ensures consistency and predictability in the application of the law.

A

PRINCIPLE OF MAJORITY RULE

70
Q

One which exempts special things out of he general things mentioned in the enactment.

A

Saving clause

Statutory Construction (Midterm) (6 decks)

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