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Questions and Answers
What is the meaning of the Latin phrase 'Ratio Legis Est Anima'?
What is the meaning of the Latin phrase 'Ratio Legis Est Anima'?
Which of the following principles supports the idea that a specific law overrides a general law?
Which of the following principles supports the idea that a specific law overrides a general law?
Which Latin maxim reflects the application of the "spirit" of a law?
Which Latin maxim reflects the application of the "spirit" of a law?
What is the meaning of the word "or" in a statute?
What is the meaning of the word "or" in a statute?
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The phrase "And so forth" and "And the like" are used in statutes to indicate what?
The phrase "And so forth" and "And the like" are used in statutes to indicate what?
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Which of the following accurately describes the difference between "shall" and "may" in statutes?
Which of the following accurately describes the difference between "shall" and "may" in statutes?
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Which of the following Latin phrases is most closely associated with the idea of "interpreting the spirit of the law"?
Which of the following Latin phrases is most closely associated with the idea of "interpreting the spirit of the law"?
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What is the meaning of the Latin phrase "Cessante Ratione Cessat Ipsa Lex"?
What is the meaning of the Latin phrase "Cessante Ratione Cessat Ipsa Lex"?
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What is the general definition of law?
What is the general definition of law?
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Which type of law is formalized and enforced by the state?
Which type of law is formalized and enforced by the state?
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What distinguishes divine law from natural law?
What distinguishes divine law from natural law?
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How does physical law operate compared to other types of law?
How does physical law operate compared to other types of law?
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What is an example of divine law as understood in different cultures?
What is an example of divine law as understood in different cultures?
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What is the primary focus of criminal law?
What is the primary focus of criminal law?
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Which branch of law primarily deals with the obligations and rights of contracting parties?
Which branch of law primarily deals with the obligations and rights of contracting parties?
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What does the presumption of knowledge of law imply?
What does the presumption of knowledge of law imply?
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Which aspect is included under international law?
Which aspect is included under international law?
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What role does the state play in private law?
What role does the state play in private law?
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What type of law includes civil law, commercial law, and civil procedure?
What type of law includes civil law, commercial law, and civil procedure?
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Why is ignorance of law generally not accepted as an excuse?
Why is ignorance of law generally not accepted as an excuse?
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What does constitutional law primarily govern?
What does constitutional law primarily govern?
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Under which law would methods of trial and punishment in criminal cases be categorized?
Under which law would methods of trial and punishment in criminal cases be categorized?
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What is the consequence of the conclusively presumed knowledge of law?
What is the consequence of the conclusively presumed knowledge of law?
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What is the primary reason for courts to apply customs in legal cases?
What is the primary reason for courts to apply customs in legal cases?
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Which of the following sources of law is NOT considered binding on courts?
Which of the following sources of law is NOT considered binding on courts?
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What is the purpose of substantive law?
What is the purpose of substantive law?
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In the event of doubt in legal interpretation, what is presumed about the lawmaking body's intention?
In the event of doubt in legal interpretation, what is presumed about the lawmaking body's intention?
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Which type of law encompasses regulations on the relationship between the state and individuals?
Which type of law encompasses regulations on the relationship between the state and individuals?
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What differentiates adjective law from substantive law?
What differentiates adjective law from substantive law?
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What is an example of private adjective law?
What is an example of private adjective law?
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Which of the following statements about sources of law is incorrect?
Which of the following statements about sources of law is incorrect?
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What is the ultimate aim of the law according to the content?
What is the ultimate aim of the law according to the content?
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Which aspect of law is reflected by the term 'remedial law'?
Which aspect of law is reflected by the term 'remedial law'?
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What does the principle 'Generalia specialibus non derogant' imply?
What does the principle 'Generalia specialibus non derogant' imply?
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What is the primary assumption behind the In Pari Materia Rule?
What is the primary assumption behind the In Pari Materia Rule?
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According to the content, under which circumstance does statutory provision prevail over common law?
According to the content, under which circumstance does statutory provision prevail over common law?
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Which of the following best defines the role of equity in relation to statutory law?
Which of the following best defines the role of equity in relation to statutory law?
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What does the Latin maxim 'Lex Prospicit, Non respicit' convey?
What does the Latin maxim 'Lex Prospicit, Non respicit' convey?
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What is indicated by the Latin maxim 'Absolute Sentencia, Expositre Non Indiget'?
What is indicated by the Latin maxim 'Absolute Sentencia, Expositre Non Indiget'?
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How is the greater legislative intent understood between a special law and a general law?
How is the greater legislative intent understood between a special law and a general law?
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What is the significance of Latin maxims in legal interpretation?
What is the significance of Latin maxims in legal interpretation?
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What does the rule regarding the conflict between common law principles and statutory provisions emphasize?
What does the rule regarding the conflict between common law principles and statutory provisions emphasize?
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Which principle reflects the proper interpretation of laws that share a general purpose?
Which principle reflects the proper interpretation of laws that share a general purpose?
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Flashcards
Ratio Legis Est Anima
Ratio Legis Est Anima
The reason of the law is its soul.
Cessante Ratione Cessat Ipsa Lex
Cessante Ratione Cessat Ipsa Lex
When the reason for the law ceases, the law ceases to exist.
Expresio Unius Est Exclusio Alterius
Expresio Unius Est Exclusio Alterius
Express mention is implied exclusion.
Generalia Specialibus Non Derogant
Generalia Specialibus Non Derogant
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Dura Lex Sed Lex
Dura Lex Sed Lex
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Ubi Lex Non Distinguit Nea Nos Distinguere Debemos
Ubi Lex Non Distinguit Nea Nos Distinguere Debemos
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Conjunction vs Disjunction
Conjunction vs Disjunction
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Shall vs May
Shall vs May
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Special Law vs General Law
Special Law vs General Law
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In Pari Materia Rule
In Pari Materia Rule
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Legislative Intent
Legislative Intent
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Equity in Law
Equity in Law
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Statutory Law vs Common Law
Statutory Law vs Common Law
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Lex Prospicit, Non respicit
Lex Prospicit, Non respicit
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Lex de Futuro, Judex de Praterito
Lex de Futuro, Judex de Praterito
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Absolute Sentencia, Expositre Non Indiget
Absolute Sentencia, Expositre Non Indiget
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Optima Statuti Interpretatix Est Insum Statutum
Optima Statuti Interpretatix Est Insum Statutum
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Customs in Law
Customs in Law
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Principles of Justice
Principles of Justice
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Substantive Law
Substantive Law
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Adjective Law
Adjective Law
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Public Law
Public Law
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Civil Code Provisions
Civil Code Provisions
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Decisions of Foreign Tribunals
Decisions of Foreign Tribunals
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Right and Justice Presumption
Right and Justice Presumption
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Limited Binding Nature of Supplementary Sources
Limited Binding Nature of Supplementary Sources
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Criminal Law
Criminal Law
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International Law
International Law
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Constitutional Law
Constitutional Law
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Private Law
Private Law
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Law of Obligations
Law of Obligations
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Civil Law
Civil Law
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Conclusive Presumption of Knowledge of Law
Conclusive Presumption of Knowledge of Law
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Civil Procedure
Civil Procedure
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Commercial Law
Commercial Law
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Law
Law
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State Law
State Law
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Divine Law
Divine Law
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Natural Law
Natural Law
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Physical Law
Physical Law
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Study Notes
Chapter 1: Introduction to Law
- Law is defined as any rule of action or system of uniformity, encompassing human actions and object movements.
- Law is categorized into two main divisions: state law and non-state law.
- State law is promulgated and enforced by the state.
- Non-state law includes divine law, natural law, moral law, and physical law, but these latter are considered legal only in a figurative sense.
- Divine law concerns religious faith, encompassing concepts of sin and salvation. It's formally established through divine revelation.
- Natural law is based on inherent human understanding of right and wrong, deriving from conscience.
- Moral law is a communal standard of right and wrong, determined by a community. It's enforced by social pressure, not legal sanctions.
- Physical law, in a figurative sense, describes the regularities of nature.
- States law is the primary type of law enforced by legal systems.
General Divisions of Law
- State law is enacted, enforced by the state & applicable to rational beings.
- Physical laws apply to all things.
- Divine law is the law of religion and faith, revealed through divine revelation.
- Natural law describes inherent right and wrong derived from understanding.
- Moral law is determined by community standards.
Law, Sources of
- The sources of law in the Philippines include the Constitution, legislation, administrative rules and regulations, judicial decisions, and customs.
- The Constitution establishes, defines, and limits the fundamental government powers. All other laws should conform to the constitution.
- Legislation includes laws passed by the legislature (Congress in the Philippines). This is the most prevalent form.
- Administrative rules and regulations are issued by officials to clarify or enforce general laws, authorized by the legislature.
- Judicial decisions, particularly from the Supreme Court, establish case law, creating precedent for future rulings.
- Customs represent established habits considered binding rules within a specific society.
Law, Classifications of
- Law is classified by purpose (substantive and adjective laws) and nature (public and private law).
- Substantive law defines rights and duties; example: the law of contracts
- Adjective law regulates the processes to execute rights and duties; example: procedural laws
- Public law governs the state’s relationship with people, including criminal law, constitutional law, and administrative law.
- Private law governs the relations between private individuals, including contract law, property law, and family law.
Concepts of Statutory Construction and Interpretation
- Statutory construction and interpretation aims to determine and apply the meaning of legislative intent to actual cases not explicitly addressed in the text
- The courts' role is to ascertain and apply legislative intent from the act as a whole.
- Laws that were enacted later prevail over laws of earlier date in cases with conflicting intent/application that may fall under the scope of the same subject or jurisdiction
- Special laws that specifically govern a scenario prevail over general laws that address broader circumstances; these laws are considered more explicit regarding a case.
General Principles in the Construction of Statutes
- Statutes must be interpreted as a whole, not in isolation.
- The meaning of legislative intent is extracted from the statue as a whole, not individual parts
- Courts have to interpret any contradictory sections to reconcile their meanings
- Later laws take priority over older laws in conflicting contexts/conditions
- Special laws, if applicable, supersede general laws.
The Philippine Association of Medical Technologists, Inc. (PAMET)
- PAMET is the national organization of registered medical technologists in the Philippines.
- PAMET was founded by Crisanto Almario
- PAMET established a newsletter called the "PAMET Link"
- PAMET organized national conventions
- PAMET members played a role in the development and advancement of medical technology in the Philippines
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Description
Test your knowledge of legal Latin phrases and principles of statutory interpretation with this quiz. Explore concepts such as the meaning of key phrases and the implications of statutory terms. Perfect for law students and legal enthusiasts looking to deepen their understanding of legal texts.