US Governance in Newly Acquired Territories

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Questions and Answers

What principle did President Ramon Magsaysay emphasize regarding the rights of the common people?

Those who work hardest should have more rights.

He who has less in life should have more in law. (correct)

All citizens should be treated equally by law.

Economic success guarantees legal protection.

Which administration attempted to revise the semi-feudal legal system?

Ferdinand E. Marcos's administration

Diosdado Macapagal's administration (correct)

Ramon Magsaysay's administration

Carlos P. Garcia's administration

How did the coming of the Americans affect Philippine jurisprudence?

It completely replaced Spanish legal influence.

It eliminated all previous legal traditions.

It marked the beginning of a new era in legal history. (correct)

It established a singular legal system based on common law.

Which concept was particularly significant during the administration of President Carlos P. Garcia?

The sudden resurgence of nationalism Signup and view all the answers

What was a characteristic feature of the legal framework in the Philippines after American colonization?

A blending of Civil Law and Common Law Signup and view all the answers

What was the main concern of the Filipinos during the early part of the American regime?

Achieving political independence Signup and view all the answers

How did the shift from Spanish colonial rule to American governance impact Filipino nationalism?

It led to the dormant phase of nationalism. Signup and view all the answers

What significant political development occurred in 1935?

Inauguration of the Commonwealth Government Signup and view all the answers

What role did the Filipino thinkers play during the American regime?

They contributed to the development of legal institutions. Signup and view all the answers

What was one of the outcomes of the establishment of the First and Second Philippine Commissions?

Increased Filipino participation in governance. Signup and view all the answers

What impact did the Malolos Constitution have on Filipino governance?

It provided initial momentum for native talents. Signup and view all the answers

What characterized the Commonwealth Government in terms of its relationship with American authorities?

Cooperation with constant U.S. intervention. Signup and view all the answers

What effect did World War II have on the Commonwealth Government?

It caused drastic developments affecting governance. Signup and view all the answers

What does Dr. Laurel suggest about the legal systems in the Philippine Islands?

They represent a blend of the conquerors' and the conquered laws. Signup and view all the answers

Which area of law does Dr. Laurel identify as needing influence from Anglo-American law?

Law of corporations, damages, and procedure Signup and view all the answers

What issue arises from the blend of legal systems in the Philippine Islands, according to Dr. Laurel?

It leads to confusion due to the mixing of different systems. Signup and view all the answers

What historical perspective does Dr. Laurel provide regarding Philippine jurisprudence?

It has relied heavily on foreign laws throughout its history. Signup and view all the answers

Which statement best reflects Dr. Laurel's view on the current state of Philippine jurisprudence?

It requires significant development and perfection. Signup and view all the answers

What is suggested as a careful consideration in adopting legal principles according to Dr. Laurel?

To adopt legal principles with attention to their effects on the unique system. Signup and view all the answers

In which state does Dr. Laurel compare the influence of Anglo-American law on local laws?

State of Louisiana Signup and view all the answers

What remains unchanged regarding the law of persons and domestic relations, according to Dr. Laurel?

It will continue to be based on civil law. Signup and view all the answers

What does the author suggest is the primary presumption of the law?

The law is presumed to be just. Signup and view all the answers

How do courts behave in relation to law-making, according to Dr. Bocobo?

Courts sometimes create law out of necessity. Signup and view all the answers

What is the supreme task of law as described in the document?

To reconcile dynamic and static interests. Signup and view all the answers

According to the content, why is judge-made law sometimes necessary?

Judges must fill gaps due to outdated legal formulas. Signup and view all the answers

What role do courts play according to the given author?

They are occasionally law-makers when necessary. Signup and view all the answers

What does the document imply about the relationship between law and society?

Law should adapt to reflect the realities of life. Signup and view all the answers

What does the author argue against regarding common law doctrines in the Philippines?

They should not be treated as inapplicable. Signup and view all the answers

What is noted as the enduring significance of Holmes and Cardozo in constitutional law?

Their ability to balance various legal interests. Signup and view all the answers

What is the significance of custom in the Philippines according to the Civil Code?

Custom is insignificant and only applies when there is no applicable law. Signup and view all the answers

How might dissenting opinions be characterized in the legal context?

They can be more stimulating and thought-provoking than majority opinions. Signup and view all the answers

What theory does the author subscribe to regarding the relationship between law and societal problems?

Law embodies the passing and shifting problems of its generations. Signup and view all the answers

What is stated about the nature of legislation in the document?

Legislation can sometimes be speculative and poorly conceived. Signup and view all the answers

How is law perceived in relation to public policy as mentioned in the content?

Law is an expression of public policy that evolves with societal changes. Signup and view all the answers

What role do legal aphorisms and doctrines play according to the content?

They provide guidance amid changing legal landscapes. Signup and view all the answers

What does the sociological school of jurisprudence emphasize?

The need to address contemporary issues in light of legal history. Signup and view all the answers

What aspect of law does the author view as dynamic?

The future implications of legal interpretations and decisions. Signup and view all the answers

Study Notes

American Regime and Transition

Newly acquired territories faced unique challenges as the U.S. Congress considered the integration of American laws.
Transition from Spanish colonial rule to American governance marked a significant transformation in administrative concepts.
The First and Second Philippine Commissions were established, with Filipino intellectuals exploring governmental systems and relations with America.

Rise of Filipino Nationalism

Filipino participation in governance grew, fueling gradual rise in nationalism alongside legislative and judicial control.
The Malolos Constitution ignited native talent and legal developments, while the goal of political independence was prioritized.
The Commonwealth Government launched in 1935; its establishment was framed as a transition despite global turmoil like World War II.

Influence of Leaders and National Development

President Ramon Magsaysay emphasized legal rights for the common people, encapsulated in "he who has less in life should have more in law."
Continuity in governance during the second decade of the Republic, with notable nationalistic resurgence under President Carlos P. Garcia.
President Diosdado Macapagal aimed to reform the semi-feudal legal system, fostering agro-industrial growth.

Blending of Legal Systems

Philippine legal system integrates Civil Law and Common Law, initiated with American colonization.
The interplay between foreign imposed laws and indigenous customs created a complex legal tapestry, with historical Spanish jurisprudence still influential.
Dr. Laurel emphasized the need for careful amalgamation of legal principles from both traditions to develop a unique legal framework.

Legal Challenges and Evolution

Dr. Laurel critiqued the reliance on foreign laws throughout history, hinting at confusion in the legal system's blending.
Legislative processes often lack thorough discernment, overshadowed by political urgency and public sentiment.
Dissenting opinions are valuable as they capture minority perspectives and can influence future legal interpretations and reforms.

Sociological Jurisprudence

Emergence of sociological jurisprudence aimed at reconciling American and Spanish institutions, driven by the contemporary challenges of American governance.
Law is understood as a codification of customs, morality, and public policy, thus evolving with societal shifts.
Courts have taken on a law-making role, interstitially crafting laws when faced with undefined legal scenarios, catering to both dynamic societal needs and static legal traditions.

Progressive Nature of Law

Legal frameworks are dynamic, forged through the historical struggles and aspirations of a society.
Legislative approaches must address existing legal gaps while remaining responsive to societal realities and changes.
The need for a balance between established legal codes and evolving social contexts stands as a recurring theme in Philippine jurisprudence.

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Description

Explore the unique challenges faced by the United States in integrating newly acquired territories. This quiz delves into the legislative adjustments and governmental practices that aimed to address these unique situations effectively. Test your knowledge on the historical context and the principles guiding this process.