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Questions and Answers
What does the term 'obligatory' refer to in the context of law?
What does the term 'obligatory' refer to in the context of law?
- An optional guideline for behavior
- A principle that can be ignored
- A suggestion or recommendation
- A rule of conduct that must be followed (correct)
Which of the following is NOT considered a source of law?
Which of the following is NOT considered a source of law?
- Legislation
- Customs
- Court decisions
- Economic theories (correct)
According to the principles outlined, what is the primary purpose of penalties in law?
According to the principles outlined, what is the primary purpose of penalties in law?
- To reward citizens for compliance
- To ensure obedience to laws (correct)
- To provide compensation for damages
- To intimidate citizens
What is the meaning of 'Salis Populi est Suprema Lex' in the legal context?
What is the meaning of 'Salis Populi est Suprema Lex' in the legal context?
Which classification refers to the means and methods of setting courts in motion?
Which classification refers to the means and methods of setting courts in motion?
What does the Doctrine of Stare Decisis state?
What does the Doctrine of Stare Decisis state?
Which of the following is considered a natural law principle?
Which of the following is considered a natural law principle?
What role do judicial decisions play according to Article 8 of the New Civil Code?
What role do judicial decisions play according to Article 8 of the New Civil Code?
What does physical law govern?
What does physical law govern?
Which law establishes what is right and wrong as dictated by human conscience?
Which law establishes what is right and wrong as dictated by human conscience?
What is described as the written will of the legislature?
What is described as the written will of the legislature?
What type of statute creates a right and imposes an obligation?
What type of statute creates a right and imposes an obligation?
Which type of law regulates the community of nations?
Which type of law regulates the community of nations?
What characterizes a public statute?
What characterizes a public statute?
Which statute attempts to correct irregularities in judicial or administrative proceedings?
Which statute attempts to correct irregularities in judicial or administrative proceedings?
What is the primary characteristic of a penal statute?
What is the primary characteristic of a penal statute?
What is the primary focus of substantive private law?
What is the primary focus of substantive private law?
Which law fixes the organization and determines the competence of administrative authorities?
Which law fixes the organization and determines the competence of administrative authorities?
Which statute's non-compliance renders proceedings illegal and void?
Which statute's non-compliance renders proceedings illegal and void?
What type of law relates to particular persons or things of a class?
What type of law relates to particular persons or things of a class?
What is a feature of a directory statute?
What is a feature of a directory statute?
What distinguishes a remedial or procedural statute?
What distinguishes a remedial or procedural statute?
Which of the following refers to a statute that is expressed in affirmative terms?
Which of the following refers to a statute that is expressed in affirmative terms?
Private statutes apply to which of the following?
Private statutes apply to which of the following?
What is the primary characteristic of a negative statute?
What is the primary characteristic of a negative statute?
Which type of statute is designed to clarify or eliminate doubts regarding existing law?
Which type of statute is designed to clarify or eliminate doubts regarding existing law?
What distinguishes a permanent statute from a temporary statute?
What distinguishes a permanent statute from a temporary statute?
A reenacted statute is defined as one that is passed in what manner?
A reenacted statute is defined as one that is passed in what manner?
Which type of statute affects actions that have already occurred before its enactment?
Which type of statute affects actions that have already occurred before its enactment?
An amendatory statute typically serves which of the following purposes?
An amendatory statute typically serves which of the following purposes?
What is an adopted statute?
What is an adopted statute?
Which classification of statutes is concerned with whether it operates on previous or future actions?
Which classification of statutes is concerned with whether it operates on previous or future actions?
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Study Notes
What is Law?
- Law is a science of moral laws based on the rational nature of man.
- It is a rule of conduct made obligatory by the legitimate power of the state.
Elements of Law
- Rule of conduct.
- Just.
- Obligatory.
- Prescribed by legitimate authority.
- Ordained for the common benefit.
Classification of Law
- Natural Law: Moral, Divine & Physical law.
- Positive Law: Public law; includes Constitutional, Administrative, International law and Private law.
- Private Law: Substantive; declares legal relations of litigants. Procedural; means and methods of setting the courts in motion.
Sources of Law
- Legislation
- Precedents/Jurisprudence
- Customs
- Court Decisions
- Article 8 of the New Civil Code: Judicial decisions applying and interpreting the laws or the Constitution form part of the Philippine legal system.
- Doctrine of Stare Decisis: Decisions of competent courts on a question of law serve as guides for courts of equal or inferior jurisdiction until overruled by a superior court.
What is a Statute?
- The written will of the legislature.
- Enacted by the national legislature (national laws) and local legislature (ordinances).
Classification of Statute
- Public Statute: Aects the public at large or the whole community.
- General Law: Applies to the whole state.
- Special Law: Applies to particular persons or things.
- Local Law: Con ned to a speci c place or locality.
- Private Statute: Applies only to a speci c person or subject.
Classification of Statute: According to Nature
- Substantive Statute: Creates a right and imposes an obligation.
- Remedial Statute: Provides steps to enforce a right or redress a wrong.
- Penal Statute: Imposes punishment for an o ense.
Classification of Statute: According to Application
- Mandatory Statute: Non-compliance renders proceedings illegal and void.
- Directory Statute: Non-compliance does not invalidate proceedings.
- Permissive Statute: Allows certain acts without commanding them.
Classification of Statute: According to Operation
- Permanent Statute: Continuous in force until repealed.
- Temporary Statute: Duration is limited to a period of time or event.
Classification of Statute: As to E ect to other Statutes
- Amendatory Statute: Addition or change to an original law.
- Repealing Statute: Abolishes an existing law fully or partially.
Classification of Statute: According to E ectivity
- Prospective Statute: Operates on acts/transactions after it takes e ect.
- Retroactive Statute: Aects past acts/transactions before it becomes e ective.
Classification of Statute: According to Form
- Preceptive Statute: Commands the doing of certain acts.
- Curative Statute: Corrects irregularities in judicial or administrative proceedings.
- A rmative Statute: Expressed in a rmative terms.
- Negative Statute: Expressed in negative terms.
- Declaratory Statute: Removes doubt about the meaning of existing law.
- Adopted Statute: Borrowed wholly or partly from another state.
- Reenacted Statute: Passed in substantially the same language as a prior one.
- Reference Statute: Refers to other statutes and makes them applicable to the subject of new legislation.
What Are the PH Statutes Called?
- Public Act
- Commonwealth Act
- Republic Act
- Batas Pambansa
- Presidential Decree
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