Introduction to Law - General Nature
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Questions and Answers

What is the definition of law in its widest and most comprehensive sense?

Any rule of action or any system of uniformity.

How does the term 'law' apply in the non-legal sense? (Select all that apply)

  • Promulgated and enforced by the state
  • Moral law (correct)
  • Natural law (correct)
  • Divine law (correct)
  • Physical law (correct)

    • What is the source of divine law?

    Direct revelation from God.

    What is the sanction for violating divine law?

    <p>Rewards and punishments in the present life or after death.</p> Signup and view all the answers

    Define natural law.

    <p>The divine inspiration in man of the sense of justice, fairness, and righteousness.</p> Signup and view all the answers

    What is the binding force of natural law?

    <p>It is ever present and binding on all men everywhere and at all times.</p> Signup and view all the answers

    How is natural law distinguished from divine law?

    <p>Natural law is not formally promulgated through revelation like divine law. It is impressed on man as the core of his higher self at the very moment of being, or even before.</p> Signup and view all the answers

    What is the place of natural law in state law?

    <p>It is regarded as the reasonable basis of state law.</p> Signup and view all the answers

    What is moral law?

    <p>The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community.</p> Signup and view all the answers

    How is moral law determined?

    <p>By a process of social consensus and shared agreement on right and wrong.</p> Signup and view all the answers

    What is the sanction for violation of moral law?

    <p>Public displeasure, contempt, or even indignation.</p> Signup and view all the answers

    Moral law is absolute and does not change with the times.

    <p>False (B)</p> Signup and view all the answers

    How does moral law influence state law?

    <p>It influences or shapes state law to a great extent.</p> Signup and view all the answers

    What is physical law?

    <p>Uniformities of actions and orders of sequence in the natural world, also known as the laws of physical science.</p> Signup and view all the answers

    How is physical law determined?

    <p>By observation, experiment, and the formulation of theories.</p> Signup and view all the answers

    Why are physical laws called laws only by analogy?

    <p>Because objects that are subject to physical laws have no ability to disobey, unlike human beings who must be compelled to obey state law.</p> Signup and view all the answers

    What is the type of law that primarily concerns us in this work?

    <p>State law, also called positive law, municipal law, civil law, or imperative law.</p> Signup and view all the answers

    Which of the following are other terms used for state law? (Select all that apply)

    <p>Civil Law (A), Municipal Law (B), Positive Law (C), Imperative Law (F)</p> Signup and view all the answers

    What is the primary way state law is enforced?

    <p>Through the state's physical force, if necessary.</p> Signup and view all the answers

    What is the main concern of state law?

    <p>The rights and duties arising from the relationship of persons in society.</p> Signup and view all the answers

    What are the two main concepts of law?

    <p>Specific sense (C), General sense (D)</p> Signup and view all the answers

    What is the definition of law in its general sense?

    <p>The mass of obligatory rules established for the purpose of governing the relations of persons in society.</p> Signup and view all the answers

    What is the definition of law in its specific sense?

    <p>A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.</p> Signup and view all the answers

    Which of the following are characteristics of law? (Select all that apply)

    <p>Promulgated by legitimate authority (B), Obligatory (D), Evolves over time (G), Common observance and benefit (H), Rule of conduct (J)</p> Signup and view all the answers

    What is the fundamental purpose of law?

    <p>To secure justice, resolve conflicts, and order society.</p> Signup and view all the answers

    What are the main sources of law in the Philippines? (Select all that apply)

    <p>Legislation (B), The Constitution (C), Administrative rules and regulations (D), Customs (E), Judicial decisions (I)</p> Signup and view all the answers

    What is the supreme law of the land in the Philippines?

    <p>The Constitution.</p> Signup and view all the answers

    What is legislation?

    <p>The declaration of legal rules by a competent authority, typically through the enactment of statutes or ordinances.</p> Signup and view all the answers

    What are the principal sources of law in the Philippines?

    <p>The Constitution, legislation, administrative rules and regulations, judicial decisions, and customs.</p> Signup and view all the answers

    What is the doctrine of stare decisis?

    <p>The principle that decisions of superior courts on points of law bind all subordinate courts.</p> Signup and view all the answers

    What is the role of judicial decisions in the Philippines?

    <p>They are part of the legal system and form a body of law called 'jurisprudence,' which interprets and applies the laws and the Constitution.</p> Signup and view all the answers

    What is custom as a source of law?

    <p>Habits and practices that have become widely recognized and approved by society as binding rules of conduct.</p> Signup and view all the answers

    What happens when a law is unclear, ambiguous, or insufficient?

    <p>No judge or court shall decline to render judgment due to the silence, obscurity, or insufficiency of the laws.</p> Signup and view all the answers

    What principle is presumed when there is doubt in the interpretation or application of laws?

    <p>The lawmaking body intended right and justice to prevail.</p> Signup and view all the answers

    What is the ultimate purpose of law according to the text?

    <p>To achieve justice.</p> Signup and view all the answers

    Besides laws, what other mechanisms can serve as social controls?

    <p>Churches, corporations, political parties, trade associations, schools, labor unions, professional organizations, social clubs, families, and a host of others.</p> Signup and view all the answers

    What are the primary differences between social control through law and control through other methods? (Select all that apply)

    <p>Other methods are less formal and have more limited scope (B), Laws provide more due process (C), Laws carry harsher sanctions (E), Laws are generally more complicated (G), Laws are made by institutions authorized to act on behalf of the entire citizenry (H)</p> Signup and view all the answers

    What is the primary role of the judiciary in the Philippines?

    <p>To interpret and apply the law.</p> Signup and view all the answers

    What are the main levels of courts in the Philippines? (Select all that apply)

    <p>Supreme Court (A), Regional Trial Courts (B), Municipal Trial Courts (C), Court of Appeals (D), Special Courts (G), Metropolitan Trial Courts (H), Municipal Circuit Trial Courts (I)</p> Signup and view all the answers

    What are special courts?

    <p>Courts established to address specific legal matters, such as the Sandiganbayan (anti-graft cases) and the Court of Tax Appeals (tax-related cases).</p> Signup and view all the answers

    What are quasi judicial agencies?

    <p>Administrative bodies that perform quasi-judicial functions, such as settling disputes or making decisions that apply legal principles.</p> Signup and view all the answers

    What are the main classifications of law?

    <p>By purpose (substantive vs. adjective) and by subject matter (public vs. private).</p> Signup and view all the answers

    What is substantive law?

    <p>The body of law creating, defining, and regulating rights and duties, which can be either public or private in nature.</p> Signup and view all the answers

    What is adjective law?

    <p>The body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed.</p> Signup and view all the answers

    What is private law?

    <p>The body of rules which regulates the relations of individuals with one another for purely private ends.</p> Signup and view all the answers

    What is the primary focus of the law on obligations and contracts?

    <p>The nature and sources of obligations and the rights and duties arising from agreements and particular contracts.</p> Signup and view all the answers

    What is the primary source of law on obligations and contracts in the Philippines?

    <p>Republic Act No. 386, also known as the Civil Code of the Philippines.</p> Signup and view all the answers

    What is the general principle regarding ignorance of the law?

    <p>Ignorance of the law excuses no one from compliance therewith.</p> Signup and view all the answers

    What are the main arguments for the presumption of knowledge of the law?

    <p>It prevents social chaos, it is difficult to prove ignorance, it is unfair to hold those who know the law to a higher standard, and people carry inherent moral norms that guide them.</p> Signup and view all the answers

    What is a natural obligation?

    <p>A moral duty or obligation that is not legally enforceable but can inspire a person to act in accordance with good conscience.</p> Signup and view all the answers

    Study Notes

    Introduction to Law - General Nature

    • Law, in its broadest sense, encompasses any rule or system of uniformity that governs actions, including those of humans and inanimate objects.
    • Law is divided into two main categories:
      • Law (in strict legal sense): Promulgated and enforced by the state. This is often referred to as state law.
      • Law (non-legal sense): Not promulgated or enforced by the state. This includes divine law, natural law, moral law, and physical laws.
    • Subjects of Law: State law, divine law, natural law, and moral law all concern rules of action for rational beings. Physical laws, however, apply to all things, not just rational beings.

    Meaning of Law in General

    • The term 'law' in a general sense means any rule of action or system of uniformity, applying to all actions or motions, whether animate or inanimate.

    General Divisions of Law

    • Law can be categorized into two major groups:
      • Law (strict legal sense): This encompasses laws that the state enforces.
      • Law (non-legal sense): This group includes laws that are not enforced by the state, such as divine, natural, moral, and physical laws.

    Subjects of Law

    • State law, divine law, natural law, and moral law comprise the definition of law as a rule of action that applies only to rational beings.
    • Physical law governs all things, including humans, without considering their will or intelligence.

    Divine Law

    • Divine law is God's law, either revealed through divine revelation or belief.
    • Examples: Ten Commandments or the Quoran.
    • Sanction: Based on rewards and punishments in this or the afterlife.

    Natural Law

    • Natural Law is inherent in humans and is understood as a sense of justice, fairness, and righteousness, without formal divine revelation.
    • Binding on all men at all times.
    • Inherent in man's moral character, as a sense of right or wrong.
    • Plays a role in state law, serving as a basis for state law.

    Moral Law

    • Moral law arises from the collective sense of right and wrong within a community.
    • No formal legal sanctions for violating moral law; social disapproval is the main consequence.
    • Moral law is not absolute but can change with time and societal views.
    • It influences state law and societal norms, but is not itself enforced by the state.

    Physical Law

    • Physical law describes predictable patterns and regularities in the natural world.
    • Based on cause-and-effect relationships, not on human will.
    • Examples: Laws of gravity, chemical combinations.
    • Considered law only in a figurative sense.

    State Law

    • State law is the law created and enforced by the state.
    • Also known as municipal law, civil law, or imperative law, this is applied to control all aspects of the state's governance.
    • Its scope covers obligations, contracts, criminal justice, and other governmental processes.
    • It is the only law with a direct physical enforcement power from the state.

    Concepts of Law

    • The term 'law' can be understood in two ways:
      • General or abstract sense: Including all the laws together, forming the mass of rules governing the relations of persons in society.
      • Specific or material sense: Referring to a particular legal rule, such as the law of obligations and contracts

    Characteristics of Law

    • Rule of conduct: Tells what to do or not do, but only concerns external actions.
    • Obligatory: Imposes duties and sanctions for non-compliance.

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    Introduction to Law PDF

    Description

    Explore the foundational concepts of law in this quiz, including its broad definition and distinctions between state law and non-legal categories. Understand the various subjects of law, from divine and natural law to moral principles. Test your knowledge on the general divisions and nature of law.

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