Introduction to Law Quiz 2
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Questions and Answers

The doctrine of last clear chance held the horseback rider liable for damages despite being originally at fault.

True (A)

Extraordinary diligence is the required standard of care unless the law specifies otherwise.

True (A)

Jim can be held liable for damages due to inducing Gem to break her contract with Gino under the principle of relativity of contracts.

False (B)

Gem can use the defense of a good father of a family to avoid liability for the accident caused by her taxi.

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

In the case of Africa vs. Caltex, the claim was denied because proof of the fire's cause was not provided.

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

In legal terms, injury and damage refer to the same concept within tort law.

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

Seasonal and project employees enjoy the same security of tenure as regular employees.

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

The court ruled FEU liable for damages in the case of Saludaga vs. FEU due to negligence by the security guard.

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

Jin will be capacitated to remarry after obtaining a decree of divorce from Joe.

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

The court's judgment granting legal separation based on a notarized agreement is legally tenable.

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

Jin's action for legal separation against Joe will prosper due to his abusive behavior.

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

Jin left the conjugal home to live with Jack after the decree of legal separation.

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

Jin's action for legal separation will prosper because Joe contracted another marriage in Japan.

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

Joe's mandatory injunction to compel Jin to return home will be successful.

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

Joe abandoned Jin after refusing to communicate with her but continued to support his daughter.

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

Jin's relationship with Jack is legally recognized prior to the finalization of her divorce.

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

Maria's action for cancellation of Juan’s title and reconveyance of ownership will prosper even if the TCT over the lot is already in Juan’s name.

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

Juan is considered the owner of an unregistered lot.

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

Celia successfully conveyed ownership of the lot to Pedro by forging Maria’s signature.

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

Ownership of state properties classified as alienable can be acquired through adverse possession after 15 years.

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

An action arising from negotiorum gestio prescribes in 10 years.

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

Maria can file an action for reconveyance of the property after discovering the forgery by her sister Celia.

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

Pedro's relations with Celia were illicit and resulted in the birth of a child named Juan.

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

Maria had to register her deed of sale for it to be valid.

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

Juan is considered the legitimate child of Celia and Pedro because they got married.

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

Akimitso, a Japanese national residing in the Philippines for six years, is qualified to adopt Juan.

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

Maria can legally compel her aunt Celia to provide support for her education.

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

After a child is declared legally available for adoption, they automatically enjoy the same rights as legitimate children.

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

Republic Act No. 11642 defines a neglected child as one whose needs have been unaddressed for a period of three months.

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

Juan is obligated to deliver his Canadian Eskimo dog to Maria by September 15, 2024.

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

Celia's refusal to support Maria's education is against the law due to familial obligations.

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

The penalty for Juan failing to deliver the dog is ₱20,000.00.

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

Rye can legally compel Fe to deliver the necklace to him on 25 October 2024 based on his contract with Lei.

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

The stipulation that ownership of Al's bike will automatically be conveyed to Fe upon failure to pay is legally binding.

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

Ed will owe Kae ₱10,000.00 as monetary interest on 1 April 2024.

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

Lei can claim compensatory interest from Rye because of the delay in payment after the due date.

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

Al borrowed the Nissan Patrol for a duration of ten days.

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

The damage sustained by Al's borrowed Nissan Patrol was assessed at ₱100,000.00.

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

Both the principal amount and interest in Ed's agreement are to be settled together by 1 April 2024.

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

Fe's bike was worth more than Al's ₱500,000.00 obligation at the time of the pledge.

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

Fe can legally compel Al to pay the entire ₱150,000.00 cost of repairs.

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

If Ed defaults on his obligation, Kae can legally compel Ed to sell the mortgaged lot to her.

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

A contract of pledge requires written documentation to be valid and enforceable.

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

Fe can legally compel Al to pay her the deficiency amount of ₱50,000.00 after the auction of the pledged bracelet.

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

The TRAIN Law is an example of procedural law.

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

The decisions of all the judicial courts in the Philippines have the force of law.

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

Ed executed a Deed of Mortgage in Kae’s favor over his 1,000-square-meter lot valued at ₱10M.

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

Al delivered a gold bracelet worth ₱600,000.00 to Fe as collateral for a debt of ₱500,000.00.

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

Flashcards

Notarized Deed of Sale

A legally recognized document, signed by a notary public, transferring ownership of property.

Registration of Deed

The act of recording a deed of sale with the government registry, crucial for establishing ownership rights.

Transfer Certificate of Title (TCT)

A legal document issued by the government, proving ownership of a property.

Adverse Possession (Unregistered land)

Acquiring ownership of land through uninterrupted, open possession for a certain period, especially if the land is not registered.

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Action for Reconveyance

Legal case to reclaim property ownership that has been improperly transferred.

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Forged Signature

An illegal act of signing (on legal documents) on behalf of another person under false pretenses.

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Negotiorum Gestio

A legal relationship where one person manages another person's affairs without a mandate.

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Prescriptive Period

The amount of time that a legal action must be started within, to be considered valid.

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Legal Separation Ground: Abandonment

One spouse leaves the conjugal home without just cause and intent to return, showing clear abandonment.

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Ground for Legal Separation: Adultery

One spouse has sexual relations with someone other than their legal spouse, proving infidelity.

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Legal Separation: Notarized Agreement

A legally binding document signed by both spouses outlining property division and other terms of separation.

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Legal Separation: Effect on Adultery Case

After a legal separation, a criminal case for adultery against the separated spouse will not prosper.

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Legal Separation: Physical Abuse of Child

Physical or verbal abuse of a child by one spouse may be a ground for legal separation.

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Mandatory Injunction

A court order compelling a spouse to return to the conjugal home.

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Ground for Legal Separation: Another Marriage

One spouse contracting another marriage while still legally married to another is a ground for separation.

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Territoriality Principle in Separation

A legal separation action must be filed in the jurisdiction where the marriage was contracted.

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Legitimation

A legal process that makes an illegitimate child legitimate, often through the subsequent marriage of the child's biological parents.

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Illegitimate Child

A child born outside of wedlock, meaning the parents were not married at the time of the child's birth.

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Adoption Eligibility

The legal qualifications required for someone to adopt a child, often including factors like age, residence, and relationship to the child.

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Legal Support Obligation

A legal duty for certain family members to provide financial support to another family member, based on familial ties.

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Adoptee Rights

The legal rights and benefits granted to a child after they have been legally adopted, placing them on par with biological children.

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Neglected Child

A child whose physical and emotional needs are consistently ignored or poorly met over a set period.

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Obligation to Deliver

A legally binding promise to give something, usually involving a specific item, to another party.

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Penalty for Breach

A pre-determined consequence for failing to fulfill a contractual obligation.

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Pledge

A contract where a debtor gives a possession (like a necklace or bike) to a creditor as security for a debt. The creditor can sell the possession if the debtor doesn't pay.

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Automatic Conveyance

A clause in a contract where ownership of an asset automatically transfers to the creditor if the debtor fails to pay on time. It's not always legally binding.

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Monetary Interest

When a loan includes an extra payment, usually determined as a percentage of the principal amount.

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Unforeseen Circumstances

Events that occur outside of the control of the parties, like natural disasters, affecting contracts.

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Compensatory Interest

Extra payment to the creditor when the debtor delays payment, as a consequence of the delay.

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Promise to Pay

A legal commitment to repay a debt by a specific date.

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Tenor

The exact wording of a legal document, like a promissory note, stating the terms of the agreement.

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Tender of Payment

When a debtor offers the agreed amount of money to the creditor, fulfilling their obligation.

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Default on Promissory Note

When a borrower fails to repay a debt by the agreed-upon date specified in a promissory note.

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Mortgage as Security

Real estate used as collateral to secure a loan. If the borrower defaults, the lender can seize the property to recover the loan.

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Public Auction

A public sale where items are sold to the highest bidder. Often used to sell pledged items to recover debts.

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Deficiency in Debt

The remaining amount owed after a pledged item is sold at auction and the proceeds are less than the total debt.

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Pledge vs. Mortgage

Both involve using assets as collateral for debts. Pledges usually involve movable assets like jewelry, while mortgages involve immovable assets like land.

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TRAIN Law

A Philippine law that introduced significant changes to the tax system, affecting income tax, excise tax, and other tax rates.

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Judicial Decisions as Law

The legal decisions of Philippine courts contribute to the legal system but are not considered laws in the strict sense. Only Congress can enact laws.

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Procedural Law

Laws that establish the rules and procedures for legal proceedings, such as how lawsuits are filed or trials are conducted.

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Last Clear Chance Doctrine

A legal principle where a person who had the last opportunity to avoid an accident, but failed to do so, is held liable even if they were not initially at fault.

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Extraordinary Diligence

The highest level of care required in certain situations to prevent any risk of harm, often used in situations where there is potential for significant damage to others.

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Relativity of Contracts

A concept stating that a contract's terms and obligations apply only to the parties involved, not to third parties.

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Good Father of a Family

A standard of care used in negligence cases, where the defendant's actions are compared to what a reasonable person would do in similar circumstances.

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Res Ipsa Loquitur

A legal doctrine meaning 'the thing speaks for itself.' It applies when an injury would not have occurred without negligence, and the defendant has the burden to prove otherwise.

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Injury vs. Damage

Injury refers to the harm or loss sustained, while damage refers to the wrongful act or negligence causing the injury.

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Security of Tenure

The right of an employee to continue working for their employer for an indefinite period, subject to certain conditions.

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Culpa Aquiliana

A form of civil liability based on negligence, where the defendant's act or omission causes harm to another.

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Study Notes

Introduction to Law Quiz 2

  • Jim, a taxi driver, was convicted of reckless imprudence resulting in the death of a 12-year-old. The court ruled Gem, the taxi company, liable for damages (P800,000.00). Gem, despite insolvency, is obligated to pay the damages. The defense of a good father of a family is irrelevant here in the employee-employer relationship regarding liability.
  • In Picart vs. Smith, the driver was found liable for damages due to the doctrine of last clear chance. The horseback rider was initially at fault.
  • The principle of relativity of contracts states that a party not part of a contract cannot be held liable for contract breach. Jim, not a party to the contract between Gem and Gino, is not liable for damages.
  • In Africa vs. Caltex, the principle of res ipsa loquitur was applied which finds that the particular circumstances of the negligent act, in this case a fire, point to a causal link. Therefore, the plaintiffs-claimants of damages failed to prove causation therefore they did not receive damages.
  • Damage refers to the harmful event from a violation of a legal right. Injury, itself, is a violation of legal rights.
  • Seasonal and project employees do not enjoy the same security of tenure afforded to regular employees.
  • In Saludaga vs. FEU, the court ruled FEU liable for culpa aquiliana (a negligence that gave rise to harm or damages) for the accidental shooting of a student by a security guard on campus.
  • The employer is obliged to pay employers a night shift differential of not less than 10% of regular wage between 11 pm-6am.
  • Overtime pay is required at a minimum of the employee's regular wage plus 15% for any work performed beyond eight-hour employment duration.
  • A 13th-month pay is owed to the employee if they have been employed for two years at a given employer in Manila.
  • Employers may require employees to work additional hours to compensate for time missed, but it's not legally required under the current laws.

Introduction to Law Quiz 2: (Modules 6-9)

  • Land registration applications are filed in the court where the land is located.
  • A prior recorded mortgage lien takes precedence over subsequent recorded liens.
  • A Deed of Sale not registered does not guarantee a better right or title to ownership.
  • In case of conflicting deeds of sale, the properly registered deed holds legal precedence
  • The principle of "prior tempore, potior jure" (prior in time, stronger in right) is upheld in the case of conflicting interests.
  • A person's occupation of land for 35 years is considered valid possession.
  • A person who supports a child financially, even if not a parent, will not be held legally liable to provide additional support to the child.
  • A child, if legally adoptable, is granted rights equal to a legitimate child of the adopting parents.
  • A child whose needs are not met for 6 months is considered neglected.
  • The law does not permit the enforcement of a clause obligating a party to deliver their asset.
  • A person who makes a written promise is bound by the contractual obligation.

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Description

Test your knowledge on key legal principles and case laws in this quiz focusing on liability, contracts, and negligence. Examine landmark cases like Picart vs. Smith and Africa vs. Caltex to understand how courts determine responsibility. Perfect for law students and enthusiasts!

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