Flashcards
OC INTRO
Cards in this deck (59)
- 1ANY RULE OF ACTION OR ANY SYSTEM OF UNIFORMITYLAW
- 2DETERMINES NOT ONLY THE ACTIVITIES OF MEN AS RATIONAL BEING BUT ALSO THE MOVEMENTS OR MOTIONS OF ALL OBJECTS OF CREATION, WHETHER ANIMATE OR INANIMATELAW
- 3GENERAL DIVISIONS OF LAW1. LAW (IN THE STRICT LEGAL SENSE) WHICH IS PROMULGATED AND ENFORCED BY THE STATE
2. LAW (IN THE NON-LEGAL SENSE) W/C IS NOT PROMULGATED AND ENFORCED BY THE LAW - 4THIS REFERS TO WHAT IS KNOW AS THE STATE LAW1. LAW (IN THE STRICT LEGAL SENSE) WHICH IS PROMULGATED AND ENFORCED BY THE STATE
- 5IT INCLUDES DIVINE LAW, NATURAL LAW, MORAL LAW, AND PHYSICAL LAW2. LAW (IN THE NON-LEGAL SENSE) W/C IS NOT PROMULGATED AND ENFORCED BY THE LAW
- 6THESE ARE COMPROMISED IN THE DEFINITION OF LAW AS A RULE OF ACTION. THEY APPLY TO MEN AS RATIONAL BEINGS ONLYSTATE LAW, DIVINE LAW, NATURAL LAW, AND MORAL LAW
- 7IT OPERATES ON ALL THINGS, INCLUDING MEN, WITHOUT REGARD TO THE LATTER'S USE OF THEIR WILL POWER AND INTELLIGENCE. IT IS CALLED LAW ONLY FIGURATIVELY SPEAKINGPHYSICAL LAW
- 8THE LAW OF RELIGION AND FAITH W/C CONCERNS ITSELF WITH THE CONCEPT OF SIN AND SALVATIONDIVINE LAW
- 9IT IS FORMALLY PROMULGATED BY GOD AND REVEALED TO MANKIND BY MEANS OF DIRECT REVELATIONDIVINE LAW
- 10SANCTION OF DIVINE LAWLIES IN THE ASSURANCE OF CERTAIN REWARDS AND PUNISHMENTS IN THE PRESENT LIFE OR IN THE LIFE TO COME
- 11THE DIVINE INSPIRATION IN MAN OF THE SENSE OF JUSTICE, FAIRNESS AND RIGHTEOUSNESS, NOT BY DIVINE REVELATION BUT BY INTERNAL DICTATES OF REASON ALONENATURAL LAW
- 12IT IS EVER PRESENT AND BINDING ON ALL MEN EVERYWHERE AND AT ALL TIMES. THERE IS BASIC UNDERSTANDING OF RIGHT AND WRONG.NATURAL LAW
- 13INWARD INSTINCT OF JUSTICE, FAIRNESS, AND RIGHTEOUSNESS IN MAN AS DIVINELY INSPIRED BY DICTATES OF HIS HIGHER NATURENATURAL LAW
- 14MADE KNOWN TO MAN BY MEANS OF DIRECT REVELATIONDIVINE LAW
- 15IT IS IMPRESSED IN MAN AS THE CORE OF HIS HIGHER SELF AT THE VERY MOMENT OF BEINGNATURAL LAW
- 16HAS BEEN REGARDED AS THE REASONABLE BASIS OF STATE LAWNATURAL LAW
- 17THE TOTALITY OF NORMS OF GOOD AND RIGHT CONDUCT GROWING OUT OF COLLECTIVE SENSE OF RIGHT AND WRONG OF EVERY COMMUNITYMORAL LAW
- 18SANCTION OF MORAL LAWTHERE IS NO LEGAL SANCTION FOR VIOLATION OF MORAL LAW
- 19IT IS NOT ABSOLUTE. IT VARIES WITH THE CHANGING TIMES, CONDITIONS OR CONVICTIONS OF PEOPLEMORAL LAW
- 20IT INFLUENCES OR SHAPES THE STATE LAWMORAL LAW
- 21IN THE OPERATION AND COURSE OF NATURE, THERE ARE UNIFORMITIES OF ACTIONS AND ORDERS OF SEQUENCE, WHICH ARE THE PHYSICAL PHENOMENA THAT WE SENSE AND FEELLAWS OF PHYSICAL SCIENCE/
PHYSICAL LAW - 22IT IS BEING ADDRESSED TO OBJECTS WHICH HAVE NO POWER TO DISOBEY, IS IN REALITY NOTHING MORE THAN AN ORDER OR REGULARITY IN NATURE BY WHICH CERTAIN RESULTS FOLLOW CERTAIN CAUSESPHYSICAL LAW
- 23THIS ORDER OF REGULARITY IS CALLED LAW ONLY BY ANALOGYPHYSICAL LAW
- 24THE LAW THAT IS PROMULGATED AND ENFORCED BY THE STATESTATE LAW
- 25THIS LAW IS ALSO CALLED POSITIVE LAW, MUNICIPAL LAW, CIVIL LAW, OR IMPERATIVE LAWSTATE LAW
- 26IT IS THE LAW THAT WE REFER TO WHEN WE SPEAK OF LAW IN CONNECTION WITH OBLIGATIONS AND CONTRACTS, MARRIAGE, THE ADMINISTRATION OF JUSTICE, THE CONDUCT OF ELECTIONS, AND THE ENTIRE GOVERNMENTAL PROCESS ITSELF.STATE LAW
- 27RULE OF ACTION OF STATE LAWONLY STATE LAW IS ENFORCED BY THE STATE, WITH THE AID OF ITS PHYSICAL FORCE, IF NECESSARY
- 28IT DOES NOT CONCERN ITSELF WITH VIOLATIONS OF THE LATTER RULES OF ACTIONS UNLESS THEY ALSO CONSTITUTE VIOLATIONS OF ITS COMMANDSTATE LAW
- 292 CONCEPTS OF LAW- IN A GENERAL/ABSTRACT SENSE
-IN A SPECIFIC/MATERIAL SENSE - 30REFERS TO ALL THE LAWS TAKEN TOGETHER. IT MAY BE DEFINED AS THE MASS OF OBLIGATORY RULES ESTABLISHED FOR THE PURPOSE OF GOVERNING THE RELATIONS OF PERSONS IN SOCIETY- IN A GENERAL/ABSTRACT SENSE
- 31A RULE OF CONDUCT, JUST, OBLIGATORY, PROMULGATED BY LEGITIMATE AUTHORITY, AND OF COMMON OBSERVANCE AND BENEFIT-IN A SPECIFIC/MATERIAL SENSE
- 32CHARACTERISTICS OF LAW-IT IS A RULE OF CONDUCT
-IT IS OBLIGATORY
-IT IS PROMULGATED BY A LEGITIMATE AUTHORITY
- IT IS OF COMMON OBSERVANCE AND BENEFIT - 33LAW TELLS US WHAT SHALL BE DONE AND WHAT SHALL NOT BE DONE. AS A RULE OF HUMAN CONDUCT, LAW TAKES COGNIZANCE OF EXTERNAL ACTS ONLYIT IS A RULE OF CNDUCT
- 34LAW IS CONSIDERED A POSITIVE COMMAND IMPOSING A DUTY TO OBEY AND INVOLVING A SANCTION WHICH FORCES OBEDIENCEIT IS OBLIGATORY
- 35THE LEGITIMATE COMPETENT AUTHORITY IS LEGISLATUREIT IS PROMULGATED BY LEGITIMATE AUTHORITY
- 36LAW IS INTENDED BY MAN TO SERVE MAN. IT REGULATES THE RELATIONS OF MAN TO MAINTAIN HARMONY IN SOCIETY AND TO MAKE ORDER AND CO-EXISTENCE POSSIBLE. LAW MUST BE OBSERVED BY ALL FOR THE BENEFIT OF ALLIT IS OF COMMON OBSERVANCE AND BENEFIT.
- 37SOURCES OF LAW-CONSTITUTION
-LEGISLATION
-ADMINISTRATIVE OR EXECUTIVE ORDERS, REGULATIONS AND RULINGS
-JUDICIAL DECISIONS OR JURISPRUDENCE
-CUSTOM - 38RULE IN CASE OF DOUBT IN INTERPRETATION OR APPLICATION OF LAWSIT IS PRESUMED THAT THE LAWMAKING BODY INTENDED RIGHT AND JUSTICE TO PREVAIL
- 39THE CONTROL OF SOCIAL BEHAVIOR THAT AFFECTS OTHERSSOCIAL CONTROL
- 40A SANCTION IS ____ IF THE OBJECT IS THE INDEMNIFICATION OF THE PERSON WHO HAS SUFFERED DAMAGES OR INJURY FROM A VIOLATION OF LAWREMEDIAL
- 41IF THE OBJECT IS THE PUNISHMENT OF THE VIOLATORPENAL
- 42BEFORE THE LAW OPERATES AGAINST AN INDIVIDUAL, VARIOUS PROCEDURAL STEPS ARE REQUIREDDUE PROCESS
- 43ORGANIZATION OF COURTS-REGULAR COURTS
-SPECIAL COURTS
- QUASI-JUDICIAL AGENCIES - 44THE POWER TO DECIDE ACTUAL CASES AND CONTROVERSIES INVOLVING THE INTERPRETATION AND APPLICATION OF LAWSJUDICIAL POWER
- 45THE POWER TO DECIDE ACTUAL CASES AND CONTROVERSIES INVOLVING THE INTERPRETATION AND APPLICATION OF LAWS IS VESTED INSUPREME COURT AND IN SUCH LOWER COURTS AS MAY BE ESTABLISHED BY LAW
- 46THE SUPREME COURTS, THE COURTS OF APPEAL, AND THE REGIONAL TRIAL COURT ARE CONSIDEREDCOURTS OF GENERAL OR SUPERIOR JURISDICTION
- 47THE PHILIPPINE JUDICIAL SYSTEM CONSIST OF A HIERARCHY OF COURTS RESEMBLING A PYRAMID WITH THE SUPREME COURT AT THE APEXREGULAR COURTS
- 48A SPECIAL ANTI-GRAFT COURT, THE SANDIGANBAYAN . IT FORMS PART OF THE JUDICIAL HIERARCHY TOGETHER WITH THE COURT OF TAX APPEALS, A SPECIAL COURT CREATED BY LAW, ON THE SAME LEVEL AS THE COURT OF APPEALSSPECIAL COURTS
- 49ADMINISTRATIVE BODIES UNDER THE EXECUTIVE BRANCH PERFORMING QUASI-JUDICIAL FUNCTIONS DO NOT FORM PART OF THE INTEGRATED JUDICIAL SYSTEM. THEY INVOLVE ALSO THE SETTLEMENT OR ADJUDICATION OF CONTROVERSIES OR DISPUTESQUASI-JUDICIAL AGENCIES
- 50CLASSIFICATION OF LAWAS TO ITS PURPOSE
AS TO ITS SUBJECT MATTER - 51CLASSIFICATION OF LAW AS TO ITS PURPOSESUBSTANTIVE LAW
ADJECTIVE LAW - 52PORTION OF THE BODY OF LAW CREATING, DEFINING, AND REGULATING RIGHTS AND DUTIES WHICH MAY BE EITHER PUBLIC OR PRIVATE IN CHARACTERSUBSTANTIVE LAW
- 53PORTION OF THE BODY OF LAW PRESCRIBING THE MANNER OR PROCEDURE BY WHICH RIGHTS MAY BE ENFORCED OR THEIR VIOLATIONS REDRESSED.ADJECTIVE LAW
- 54IT IS SOMETIMES CALLED REMEDIAL OR PROCEDURAL LAWADJECTIVE LAW
- 55CLASSIFICATION OF LAW AS TO ITS SUBJECT MATTERPUBLIC LAW
PRIVATE LAW - 56THE BODY OF LEGAL RULES WHICH REGULATES THE RIGHTS AND DUTIES ARISING FROM THE RELATIONSHIP OF THE STATE TO THE PEOPLEPUBLIC LAW
- 57THE BODY OF LEGAL RULES WHICH REGULATES THE RELATIONS OF INDIVIDUALS WITH ONE ANOTHER FOR PURELY PRIVATE ENDSPRIVATE LAW
- 58THE BODY OF RULES WHICH DEALS WITH THE NATURE AND SOURCES OF OBLIGATIONS AND THE RIGHTS AND DUTIES ARISING FROM AGREEMENTS AND THE PARTICULAR CONTRACTSLAW OF OBLIGATIONS AND CONTRACTS
- 59CONCLUSIVE PRESUMPTION OF KNOWLEDGE OF LAWIGNORANCE OF LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH.
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- OBLICON Flashcards on OC INTRO, created by clarissa joy mascarinas on 30/11/2017.
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- clarissa joy mascarinas
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