Questions and Answers
Which type of law is based on empirical data and usually formulated as mathematical calculations?
What is the primary function of law, according to Blackstone, in terms of protection?
In the classification of law, which type governs what constitutes right and wrong behavior in human conduct?
Which branch of law focuses on the legal relationship between individuals and entities involving contracts and property?
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What does the presumption of legality state about laws?
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Which law is inherent in human nature and transcends all cultures and practices?
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Which legal maxim underscores the importance of fair trials and due process?
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What principle is reflected in the legal maxim 'Actus me invite factus non est meus actus'?
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In the context of legal systems, what does 'Pendente Lite' emphasize?
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What concept is associated with the legal maxim 'Pacta sunt servanda'?
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'Dura lex sed lex' signifies the principle that:
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What Latin maxim encapsulates the principle that when a legal right is violated, the law provides a corresponding remedy or relief to the aggrieved party?
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'Nemo tenetur accusare se ipsum nisi coram Deo' emphasizes:
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Which legal maxim states that an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offense?
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Which Latin phrase signifies that ignorance of facts may be excused but not ignorance of law?
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Which legal maxim presumes that statutes and governmental actions are constitutional unless proven otherwise?
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Which legal maxim signifies that if a witness testified falsely in one matter, they are not credible to testify about any matter?
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What Latin phrase signifies 'false in one thing, false in everything'?
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Study Notes
Legal Principles and Concepts
- Actus me invite facttus non est meus actus: an act done by me against my will is not my act, emphasizing the importance of free will in attributing actions to individuals.
- Nemo tenetur accusare se ipsum nisi coram Deo: the accused is entitled to a fair trial and due process of law.
- An unjust law is no law at all: responsibility to obey just laws and disobey unjust ones.
Key Principles and Concepts of Legal Construction
- Textual Interpretation: analyzing the plain language of texts to determine the meaning.
- Legislative History: examining the context, debates, and documents related to statutes to understand the legislative intent behind the statutory provisions.
- Contextual Analysis: examining factors to understand the purpose and effect of laws.
- Purposive Interpretation: discerning legislative intent behind statutory provisions and interpreting them consistently with their intended purpose.
Legal Systems
- Derived from Divine and Human Sources: laws introduced from the idea of the "Law of Nature" and "revealed law" from religious texts.
- Protection of Rights: one of the primary functions of law is to protect the natural rights of individuals, including life, liberty, and property.
- Presumption of Legality: laws are presumed to be just and for the public good unless proven otherwise.
Classification of Law
- Natural Law: based on abstract concepts that transcend all cultures and practices.
- Positive Law: based on empirical data, formulated as mathematical calculations, and established or recognized by governmental authority.
- Moral Law: governs what constitutes right and wrong behavior in human conduct.
- Public Law: governs the conduct of private individuals, organizations, and government agencies in their relations involving constitutional, administrative, and criminal law.
- Private Law: focuses on the legal relationship between individuals and entities, involving contracts, property, rights, etc.
Key Principles and Concepts of Legal Interpretation
- Context: meaning of words and phrases should be interpreted in the entire context of the statute and in relation to other relevant laws and legal principles.
- Legislative Intent: purpose or objective the legislature sought to achieve.
- Doctrines of Construction: general rules or principles used by courts to interpret legal maxims.
- Presumption in Favor of Constitutionality: presumes statutes and governmental actions are constitutional unless proven otherwise.
- Presumption against Retroactivity: the law does not move backward but forward.
Legal Maxims
- Cordero Ubi jus, ibi remedium: where there is a right, there is a remedy.
- Actus reus non facit reum nisi mens sit rea: an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offense.
- Ignorantia facti excusat: ignorance of facts may be excused but not ignorance of law.
- Dura lex sed lex: the law is harsh but it is the law.
- Falsus in uno, falsus in omnibus: a witness that testified falsely in one matter is not credible to testify about any matter.
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Description
Test your knowledge of legal principles with this quiz that includes popular Latin maxims such as 'Cui jus est negare, cui factum negare non potest' and 'In dubio pro reo'. See how well you understand the key concepts behind these legal sayings.
