Judicial Power and Constitution Definition

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Questions and Answers

What does the term 'liberty' refer to?

Only physical freedom

The right to use one's faculties in all lawful ways

The right to live and work where one wills

All of the above (correct)

What type of property does the text state is protected against unlawful taking by the government?

Both personal and real property (correct)

Only personal property

Property owned by the government

Only real property

What is the purpose of the equal protection clause?

To protect the rights of minorities

To allow the government to treat people differently based on their class

To treat people of the same class alike under like circumstances and conditions (correct)

To ensure absolute equality for all people

What is the essence of the right to privacy according to the text?

The right to be let alone Signup and view all the answers

What is the 'Doctrine of the Fruit of the Poisonous Tree'?

Any evidence obtained illegally cannot be used in proceedings Signup and view all the answers

What is the primary purpose of the text?

To explain the concept of liberty Signup and view all the answers

What is the main consequence if an industrial partner engages in business for himself without the partnership's permission?

All of the above Signup and view all the answers

What is the defining characteristic of a Capitalist-Industrial Partner?

A partner who contributed both capital and industry Signup and view all the answers

What is true about a Limited Partner?

A Limited Partner is liable only to the extent of what he has contributed Signup and view all the answers

If there is no Managing Partner appointed, who shall manage the Partnership?

All of the partners Signup and view all the answers

What is the defining characteristic of a corporation?

All of the above Signup and view all the answers

Which of the following is NOT a classification of a corporation mentioned in the text?

General Partner Signup and view all the answers

Which type of corporation is recognized by immemorial usage without formal registration?

Corporation Sole Signup and view all the answers

Which corporation is organized for charitable purposes?

Corporation by Prescription Signup and view all the answers

Who can form a Corporation Sole?

Chief archbishop or bishop Signup and view all the answers

Which type of corporation allows Filipino citizens and corporations to do business in its country of origin?

Foreign Corporation Signup and view all the answers

Which mode of dissolution involves the corporation deciding to end its operations voluntarily?

Voluntary Dissolution Signup and view all the answers

What distinguishes a Corporation Sole from other types of corporations?

Sole incorporator Signup and view all the answers

What are the sources of obligation as mentioned in the text?

Law, Contracts, Quasi-contracts, Delicts, Quasi-delicts Signup and view all the answers

In what situations can an Obligor be liable according to the text?

When not observing due diligence in obligation performance Signup and view all the answers

What is the remedy for Causal Fraud (Dolo Causante) as mentioned in the text?

Annul the contract plus damages Signup and view all the answers

What type of fraud was committed during the performance of an obligation?

Incidental Fraud (Dolo Incidente) Signup and view all the answers

What is legal delay according to the text?

Failure to perform an obligation by maturity date Signup and view all the answers

What corresponds to the circumstances of person, time, and place according to the text?

Negligence Signup and view all the answers

What is the primary function of the Judicial Power?

To interpret and apply the law in resolving legal disputes Signup and view all the answers

Which statement best describes the Constitution?

It is the highest law of the land to which all other laws must conform Signup and view all the answers

What is the fundamental conception of the Constitution?

It is the supreme law to which all other laws must conform Signup and view all the answers

What is the consequence if a law or contract violates the Constitution?

It is considered null and void, without any force and effect Signup and view all the answers

What is the relationship between the Constitution and other laws?

The Constitution is deemed written in every statute and contract Signup and view all the answers

What aspect of governance does the Bill of Rights address?

The relationship between the individual and the state Signup and view all the answers

Study Notes

Liberty and Property

Liberty refers to freedom to do right and never wrong, guided by reason and individual conscience.
It includes rights to use faculties in all lawful ways, live and work where one wills, earn a livelihood by any lawful calling, and pursue any vocation.
Property includes personal or real, immovable or movable objects, which cannot be taken or disposed of by the government without due process.

Equal Protection Clause

The Equal Protection Clause means people of the same class shall be treated alike, under like circumstances and conditions.
It does not mean absolute equality, as that would lead to injustice.

Right to Privacy

The right to privacy is simply the right to be let alone.

Doctrine of the Fruit of the Poisonous Tree

Any evidence obtained illegally cannot be used as evidence or is considered inadmissible in any proceedings.

Partnerships

A partner who contributes both capital and industry is a capitalist-industrial partner.
An industrial partner cannot engage in business for himself without the partnership's permission.
A general partner is liable beyond the extent of their contribution.
A limited partner is liable only to the extent of their contribution.

Corporations

A corporation is an artificial being created by operation of law, having the right of succession and powers authorized by law.
Classifications of corporations include:
- Corporation by prescription
- Domestic corporation
- Foreign corporation
- Corporation sole
- Eleemosynary corporation
Three modes of dissolution of a corporation:
- Voluntary dissolution
- Involuntary dissolution
- Expiration or shortening of term

Obligations

Obligation is a juridical necessity to give, to do, or not to do.
Sources of obligation:
- Law
- Contracts
- Quasi-contracts
- Acts or omissions punishable by law (delicts)
- Quasi-delicts
Sources of damages:
- Fraud
- Negligence
- Delay

Judicial Power

The judicial power is the duty of the courts to settle actual controversies involving rights and to determine if there has been a grave abuse of discretion.
The judicial power includes the power to interpret the law.

Constitution

The Constitution is the basic and highest law of the land, to which all other laws must conform.
The Constitution is the supreme law, and any law or contract violating it is null and void.
The Bill of Rights governs the relationship between the individual and the state.

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Test your knowledge on the judicial power of courts to settle controversies and interpret the law, along with the definition of the Constitution. Explore key concepts related to the powers and duties of the judicial branch.