Laws.pdf

31/08/2024 What is a LAW? Lesson 1.1:...

31/08/2024 What is a LAW? Lesson 1.1: Law is a system of "rules and regulations made and enforced by a government regulating the conduct of Introduction to Law the people within a society." - Paras, 2008 Module 1: Overview of Law in General Geng 113: Introduction to Laws on Private and Public Lands Law will guide human beings to live and encourage us to do the right thing. violation of law = consequence 1 2 What makes the set of rules the law? Goals of the Legal System Protecting Human Promoting Helping resolve Rights Fairness conflicts The set of rules becomes a law when it is Promoting peace Promoting desirable social approved by National Legislation. and order and economic behaviour Representing the Protecting the will of the majority rights of minorities GOOD LAW 3 4 Characteristics of GOOD LAW Classification of Laws 1. Clear language NATURAL LAW POSITIVE LAW 2. Easily understandable Derived from nature, human reason, or Created by human authorities, such as 3. Does not contradict any other laws a higher moral order. It is considered governments or legislatures. It is inherent and universal, applying to all based on human decisions and is 4. Enforceable human beings regardless of time, place, specific to particular societies at or culture. particular times. 5. Clear and reasonable penalties for breaking the law 6. Clearly states when it goes into effect 5 6 1  31/08/2024 Types of Natural Law Natural Moral Law – refers to a set of ethical principles and moral truths that are inherent in 1. Natural Moral Law human nature and can be discovered through reason 2. Laws of Nature - often associated with concepts like human rights, justice, and moral duty - provides a framework for determining ethical behavior and creating just laws. - Example is to do good and avoid evil. 7 8 Laws on Nature Positive Law – refer to the physical principles and scientific laws that govern the natural world 1. Divine Positive Law - these laws help scientists understand, predict, and explain natural events 2. Divine-Human Positive Law and processes. 3. Human Positive Law - Example is law of gravity. 4. Principles of Law 9 10 Divine Positive Law Divine-HUMAN Positive Law consists of laws that are believed to be directly given by a refers to laws that, while rooted in divine authority, are divine being or deity, such as God mediated through human agents, such as prophets, religious These laws are typically found in religious scriptures or leaders, or religious institutions teachings considered sacred and authoritative by a particular These laws might originate from divine revelation but are religious community interpreted, articulated, or enforced by human religious similar to ten (10) commandments authorities. Example: Canon Law in the Catholic Church 11 12 2  31/08/2024 Human Positive Law Principles of law consists of laws created by human beings, specifically 4. Principles of Law - is considered to be part of positive law, governments, legislatures, or other secular authorities even if they are only used as subsidiary tools. are enacted by legislative bodies, courts, or other human  They constitute necessary rules for the very functioning of the system. authorities without direct reference to divine command  Notably, it is applied in the judiciary when the law is silent or does not Example: Traffic laws, criminal statutes, and civil rights provide a direction of the decision nor provision in an international legislation enacted by a government. treaty or statute nor any recognized customary principle of international law available for application in an international dispute.  They also constitute the system's integrative tools as they fill actual or potential legal gaps and are sometimes called gap fillers. 13 14 Essential Elements of Human Classification of Human Positive Law Positive Law According to given rights, or procedure for enforcement: a) Has a reasonable rule of action b) Due promulgation a) Substantive Law c) Promulgation by competent authority b) Remedial (Procedural) Law d) Sanction imposed for disobedience 15 16 Classification of Human Positive Law Classification of Human Positive Law SUBSTANTIVE LAW REMEDIAL (PROCEDURAL) LAW Definition defines rights, duties, and legal relationships provides the process and mechanisms for According to content and scope: between individuals and entities. enforcing rights and obligations established by substantive law. Purpose Establishes the legal framework of rights and Ensures the enforcement and protection of a) Private law obligations. rights or the redress of violations. Role in b) Public law Determines what is legal or illegal, what rights Provides the means and methods by which Legal exist, and what duties are imposed. substantive rights are enforced or defended. System Dependency Independent of remedial law; it exists even Dependent on substantive law; it exists to without procedures to enforce it. enforce substantive rights and obligations. Examples Criminal law, contract law, property law, tort Civil procedure rules, rules of evidence, law appellate procedures. 17 18 3  31/08/2024 Classification of Human Positive Law Civil law PRIVATE LAW PUBLIC LAW Definition Governs relationships between private Governs the relationships between individuals is a private law defined as the branch of the law which generally deals with individuals or entities. and the state, and between different branches of the state. an individual's personal and family relations, property and succession rights, and the effects of contracts and obligations. Purpose Regulates public interests, ensuring the Regulates private interests and resolves disputes between individuals or entities. organization and functioning of the state, and It governs non-criminal disputes and provides a legal framework for protecting public rights. resolving conflicts. Role in Ensures that private parties’ rights and Ensures the lawful operation of the state, the Legal obligations are respected and disputes are protection of public rights, and the System fairly resolved. enforcement of public order. Dependency Operates independently but can be influenced Influences and sometimes overrides private by public law principles. law to protect public interests. Examples Contract law, tort law, property law, family law, Constitutional law, administrative law, criminal commercial law. law, tax law. 20 19 20 Civil law Civil Law Characteristic of Civil Law: Purpose: To provide remedies for individuals who have suffered harm or loss  It helps to peacefully settle disputes. Legal Proceedings:  The government may not directly involve. Cases are usually resolved in civil courts  Cases are filed between private parties wherein the claimants must Common remedies include monetary compensation, injunctions, or produce evidence beyond the balance of probabilities. specific performance.  The punishment for violating the law are awards of money to injured person. 21 21 22 Civil Cases Alternative Dispute Resolution There are few things to dread about litigation in the case. a. Conciliation Even small cases have a way to damage relationships, tarnish and eat up huge sums of money, time and talent. b. Mediation But not all the time you have to go to court to settle controversies. c. Negotiation The alternatives to going to court are therefore to have an Alternative Dispute Resolution (ADR) in accordance with RA No. 9285 (Alternative d. Arbitration Dispute Resolution Act of 2004), in order to avoid this. e. Using ombudsmen and other regulatory bodies. 23 24 4  31/08/2024 Conciliation Mediation A process where a neutral third party assists the disputing parties in reaching a A process where a neutral third party facilitates discussion between disputing mutually acceptable agreement, often by suggesting solutions. parties to help them reach a voluntary agreement, without suggesting solutions. Less formal than court proceedings, but may involve structured processes Informal, flexible process focused on collaboration. Third-party Role: conciliator; Active, suggests solutions and guides the parties Third-party Role: facilitator; helps parties communicate and find common ground towards a settlement without offering solutions. Binding Outcome: Usually non-binding unless an agreement is reached and Binding Outcome: Non-binding; only becomes binding if parties reach and sign an formalized. agreement. Use cases: Common in labor disputes, commercial conflicts, and family matters. Use cases: Often used in family law, commercial disputes, and community conflicts. 25 26 Negotiation Arbitration A direct discussion between parties involved in a dispute, where they try to reach A process where a neutral third party (the arbitrator) makes a binding decision to an agreement without the involvement of third parties. resolve a dispute after hearing evidence and arguments from both sides. Third-party Role: No third party involved; parties communicate directly. Third-party Role: Decision-maker, imposes a binding resolution, often as an Binding Outcome: Non-binding; depends on the mutual agreement of the parties. alternative to court litigation. Use cases: Suitable for any dispute where parties are willing to negotiate directly. Binding Outcome: Binding; the arbitrator's decision is final and enforceable by law. Use cases: Common in commercial disputes, international disputes, and employment matters. 27 28 Using Ombudsmen and Other Civil Cases Regulatory Bodies A process where an independent ombudsman or regulatory body investigates Although ADR has many advantages, risks and costs do exist. complaints and suggests or enforces solutions, often related to public services or industries. But ADR may not be suitable in some situations. Like case involving domestic abuse, issues need immediate court action, or the other party is Third-party Role: Investigator, reviews complaints and ensures fairness in the not willing to take part in ADR. decision-making process. Binding Outcome: Often non-binding, but can lead to binding outcomes if regulatory powers are involved. Thus, COURT ACTION is the resort. Use cases: Used in complaints against public services, financial institutions, and other regulated industries. 29 30 5  31/08/2024 Criminal Law Criminal Law Criminal law is a public law for which the purpose is to regulate the public There are three (3) classes of offenses: conduct. 1. Summary Offense – penalty by fines It deals with conduct considered harmful or dangerous to society as a whole.. 2. Misdemeanor – penalty of 1 year or less The cases are filed by government which brings charges on behalf of society. 3. Felony – penalty of 1 year or more in jail The burden of proof once case is filed must be beyond reasonable doubt. Types of crimes: Felonies, misdemeanors 31 32 Summary Laws Natural Positive Law Law Natural Law of Principles of Divine Divine-Human Human Moral Law Nature Law Positive Law Positive Law Positive Law Acc. to given rights or procedure: Substantive Law and Remedial Law Acc. to content and scope: Private Law and Public Law 33 33 6