Introduction to Law & Leviathan by Thomas Hobbes
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Questions and Answers

Which source of law holds the highest authority in the land?

  • Batas Pambansa
  • Judicial Decisions
  • Republic Act
  • The Constitution (correct)

Administrative orders and regulations create laws.

False (B)

Under the current constitutional framework, which governmental body is primarily responsible for creating legislation?

Congress

The principle of Stare decisis is related to ______.

<p>judicial decisions</p> Signup and view all the answers

If a specific provision of Republic Act No. 123 contradicts the Constitution, which one prevails?

<p>The Constitution prevails as the supreme law. (B)</p> Signup and view all the answers

Cecilia Muñoz-Palma achieved which of the following 'firsts' in the Philippines?

<p>First female Supreme Court Justice (A)</p> Signup and view all the answers

Cecilia Muñoz-Palma obtained a Master of Laws degree from Harvard University.

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

What significant historical event led to the formation of the 1986 Constitutional Commission, in which Cecilia Muñoz-Palma served?

<p>People Power Revolution</p> Signup and view all the answers

Cecilia Muñoz-Palma served as an Associate Justice of the Supreme Court during the presidency of __________.

<p>Ferdinand Marcos</p> Signup and view all the answers

Match the following positions held by Cecilia Muñoz-Palma with the correct description:

<p>First female prosecutor = A pioneer in the Philippine justice system. Associate Justice of the Supreme Court = Appointed in 1973 and known for dissenting opinions during Martial Law. Delegate to the 1986 Constitutional Commission = Helped draft the 1987 Philippine Constitution after the People Power Revolution.</p> Signup and view all the answers

What was Cecilia Muñoz-Palma's rank in the 1937 Bar Exam?

<p>Top 1 (C)</p> Signup and view all the answers

The 1987 Philippine Constitution was ratified on December 2, 1987.

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

Which of the following is an example of a 'law' used by analogy, as discussed in the context?

<p>The law of gravity (A)</p> Signup and view all the answers

According to the content, 'laws' by analogy are rules enforced by a governing body.

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

What is one characteristic of law that makes it subject to interpretation?

<p>gray areas</p> Signup and view all the answers

What is a key characteristic that distinguishes state law from the earlier 'ways of life' that were considered right and correct?

<p>sanction</p> Signup and view all the answers

The content suggests that obedience to the evolved 'ways of life' was ________ by the group.

<p>demanded</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Evolved 'ways of life' = Considered right and correct, and obedience to them was demanded by the group Law by Analogy = Regularity where certain causes always lead to certain effects State Law = Distinguished by a definite sanction</p> Signup and view all the answers

What fundamental element was present in earlier evolved 'ways of life'?

<p>Respect for elders (A)</p> Signup and view all the answers

The content indicates that all rules and regularities are legally binding and enforced by a governing body.

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

Give an example, other than the law of gravity, of a 'physical law' mentioned in the content.

<p>the law of chemical combination</p> Signup and view all the answers

Which source is considered the origin of divine law?

<p>Direct revelation from God (B)</p> Signup and view all the answers

Divine law and natural law are identical in their origin and application.

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

According to the Old Testament, through whom were the Ten Commandments given as divine law?

<p>Moses</p> Signup and view all the answers

Divine law is often communicated to mankind through religious ______ or prophets.

<p>texts</p> Signup and view all the answers

What distinguishes divine law from moral law in terms of its binding force?

<p>Divine law is absolute, while moral law is relative. (A)</p> Signup and view all the answers

Moral law possesses an absolute and unchanging binding force across all cultures and times.

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

What is the origin of moral law according to Module 1?

<p>Human reason.</p> Signup and view all the answers

Match each type of law with its primary source or characteristic:

<p>Divine Law = Direct revelation from God Moral Law = Varies with culture and convictions Natural Law = Human reason</p> Signup and view all the answers

Which of the following best describes the relationship between the Philippine Constitution and other laws?

<p>All laws must follow the Constitution, and any law that contradicts it can be challenged in court. (C)</p> Signup and view all the answers

According to the Philippine Civil Code, one can avoid legal penalties by claiming ignorance of the law.

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

Besides military service, what other type of service can citizens render to help defend the country, as indicated in the provided content?

<p>civil service</p> Signup and view all the answers

According to the provided content relating to Article II, Section 13, one __________ use ignorance in court.

<p>cannot</p> Signup and view all the answers

Match the following concepts with their descriptions, based on the content provided:

<p>Article II, Section 17 = Legal Responsibility, ignorance of the law excuses no one Article 7 = Laws must follow the Constitution and can be challenged if contradiction occurs Asking the country = to help defend the country Civil Service = Helps the country's progress</p> Signup and view all the answers

Which of the following is the primary role of the Executive branch?

<p>Ensuring laws are implemented (D)</p> Signup and view all the answers

The President can declare war unilaterally without the need for Congressional approval.

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

How often are Philippine Presidential elections held?

<p>Every six years</p> Signup and view all the answers

The national budget is formally known as the General ______ Act.

<p>Appropriations</p> Signup and view all the answers

Match the following branches of the Philippine government with their primary function:

<p>Legislative Branch = Creating laws Executive Branch = Implementing laws Judicial Branch = Interpreting laws</p> Signup and view all the answers

Which body confirms presidential appointments?

<p>The Senate (D)</p> Signup and view all the answers

Citizens can directly propose laws through a process called 'initiative'.

<p>True (A)</p> Signup and view all the answers

What publication officially announces when a law becomes effective?

<p>Official Gazette</p> Signup and view all the answers

Which of the following is NOT a department under the Executive Branch?

<p>Supreme Court (SC) (C)</p> Signup and view all the answers

In the Philippines, the President serves a term of ______ years.

<p>6</p> Signup and view all the answers

Flashcards

Divine Law

Laws formally revealed by God through texts or prophets.

Natural Law

Universal laws derived from human reason and nature, not directly revealed.

Ten Commandments

Set of biblical laws given by God to Moses in the Old Testament.

Moses

The prophet who received the Ten Commandments from God.

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Binding Force of Moral Law

Moral laws vary based on culture and changing times.

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Difference between Divine and Natural Law

Divine law comes from God; natural law is from human reason.

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Inspirational Sources of Divine Law

Divine law is revealed through religious texts or prophets.

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Cultural Variation of Moral Law

Moral law is not absolute and differs among cultures.

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Respect for Elders

A societal norm advocating deference and honor towards older individuals.

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Condemnation of Dishonesty

The strong disapproval of dishonest actions within a society.

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Obedience to Law

The expectation for individuals to follow societal norms and rules.

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Analogy of Law

Law compared to consistent patterns in nature, influencing behavior indirectly.

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Physical Law

Natural laws that govern the physical universe, not created by humans.

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Law of Gravitation

A fundamental principle explaining the attraction between masses in the universe.

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Law of Chemical Combination

Rules describing how substances combine chemically to form compounds.

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Sanction in Law

A form of punishment or penalty for breaking the laws within a society.

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Supreme Law

The Constitution is the fundamental law of the land, created by the people, and applies to everyone.

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Source of Law

The Constitution is the predominant source of law in a republic, alongside legislation and administrative rulings.

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Year Constitution Ratified

The Constitution was ratified in 1987, establishing the legal framework of the government.

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Congress Role

Congresses create laws, which include Republic Acts and Batas Pambansa in governance.

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Judicial Decisions

Judicial decisions are made by courts, serving as precedents for future cases under the doctrine of stare decisis.

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Ignorance of the Law

A legal principle stating that not knowing the law is not an excuse for breaking it.

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Philippine Civil Code Article 3

Declares that ignorance of the law excuses no one from compliance.

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Legal Responsibility

The obligation to follow laws and face penalties for violations.

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Civil Service

A body of government officials and employees who implement laws.

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Constitution and Laws

The foundational legal framework that must be followed; all laws should align with it.

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Three Branches of Government

The division of government into legislative, executive, and judicial branches.

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Legislative Branch

The branch that makes laws and approves the national budget.

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Executive Branch

The branch responsible for implementing and enforcing laws.

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President's Powers

Includes being the chief executive and ensuring laws are implemented.

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Initiative

A process allowing citizens to propose legislation.

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Referendum

A vote by citizens on proposed legislation.

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National Budget

A financial plan for national government spending.

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War Declaration

Authority to declare war requires a two-thirds vote from both houses.

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Senate Confirmation

The Senate's role in confirming presidential appointments.

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Cabinet Secretaries

Heads of executive departments who assist the president.

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Cecilia Muñoz-Palma

First female Supreme Court Justice of the Philippines, appointed in 1973.

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People Power Revolution

A series of peaceful protests in the Philippines leading to the ousting of President Ferdinand Marcos in 1986.

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1986 Constitutional Commission

A body formed to draft the 1987 Philippine Constitution after the People Power Revolution.

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Proclamation No. 9

A decree issued by President Corazon Aquino establishing initial governance after the revolution.

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Master of Laws at Yale University

Advanced legal degree earned by Cecilia Muñoz-Palma in 1954 from a prestigious U.S. university.

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Top 1 in the 1937 Bar Exam

Cecilia Muñoz-Palma achieved the highest score in the Philippine Bar Exam with 92.6% in 1937.

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Dissenting opinions

Judicial opinions expressed by judges who disagree with the majority decision in a case.

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First female prosecutor

Cecilia Muñoz-Palma was the first woman to hold the role of prosecutor in the Philippines.

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Study Notes

Introduction to Comlaw 1

  • Law is a set of rules created by the government to maintain order and justice in society.
  • It protects people's rights and ensures fairness.
  • In the Philippines, laws originate from the Constitution, Congress, and local governments.
  • Examples of Philippine laws include the Revised Penal Code, Family Code, Labor Code, and Anti-Bullying Act.
  • Laws affect daily life, regulating areas like traffic, education, employment, consumer protection, and public safety.
  • Without laws, society would be chaotic and unsafe.
  • Obeying laws, respecting others' rights, and being responsible citizens are crucial for a functioning society.

Leviathan by Thomas Hobbes

  • Leviathan is a philosophical work by Thomas Hobbes, published in 1651.
  • It discusses the need for a strong central authority to maintain peace and prevent chaos.
  • Hobbes' "state of nature" is a hypothetical scenario without government or laws, where life is characterized by constant conflict.
  • The social contract theory proposes that people surrender some freedoms in exchange for security and order.
  • Hobbes believed in absolute sovereignty, advocating for a strong ruler to enforce laws and prevent societal collapse.

Types of Law

  • Divine Law is based on religious faith and concerns itself with sin and salvation. It's revealed through religious texts or prophets.
  • Natural Law is an innate sense of justice, fairness, and righteousness, understood through reason. This sense of right and wrong guides human behavior.
  • Moral Law is the collective sense of right and wrong within a community. This is influenced by cultural norms and societal behaviors. Moral law is not absolute.
  • Physical Law are consistent patterns observed in nature, such as the laws of physics or chemistry. They describe how objects and events function consistently.
  • State Law is implemented and enforced by governments (promulgated and enforced). It includes national laws, local ordinances, and rules. State law is most relevant to obligations and contracts.

Sources of Law

  • Constitution: The supreme law of the land.
  • Legislation: Laws passed by Congress and local governments (Republic Acts, Batas Pambansa).
  • Administrative Orders/Regulations: Issued by government officials to clarify or enforce laws.
  • Judicial Decisions: Rulings from courts, especially the Supreme Court, creating precedent.
  • Custom: Practices or habits, that have become accepted as binding rules over time, if recognized by the State.
  • Other Sources: Principles of justice and equity, foreign court decisions, legal scholars' opinions, and religion (used as supplemental sources).

Three Branches of Government

  • Legislative: Makes laws (Congress=Senate+House of Representatives).
  • Executive: Enforces laws (President, Cabinet).
  • Judicial: Interprets laws (Supreme Court & Lower Courts).

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Comlaw PDF - Module 1

Description

The quiz covers the basics of law, its origins, and its importance in maintaining order and justice. It also touches on Thomas Hobbes' 'Leviathan,' discussing the necessity of a strong central authority and the concept of the 'state of nature'.

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