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21 Cards in this Set
- Front
- Back
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What are the classifications of law? |
Natural law Human Positive law |
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What is natural law? |
This derives its forces and authority from God. It is superior to other laws It is binding to the whole world and in all countries |
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What is human positive law |
This law is promulgated expressly or indirectly by competent human authority for the common good and usually but not necessarily, imposing sanction in case of disobedience |
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What are the kinds of natural law? |
Physical law Moral law Divine law |
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What is physical law? |
Universal rule of action that governs the conduct and movement of things which are non-free and material |
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What is moral law? |
Set of rules which establishes what is right and what is wrong as dictated by the human conscience |
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What is are the components of divine law? Give example of each |
Divine positive law - 10 commandments Divine human positive law - commandments of the church |
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What are the kinds of human positive law? |
According to force and effect ✌️mandatory/prohibitory laws ✌️permissive/suppletory laws According to the scope or content of the law ✌️public law ✌️private law According to whether a right is given, or merely the procedure for enforcement is laid down ✌️substantive law ✌️remedial (procedural or adjective law) |
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What is Mandatory and/or prohibitory laws? |
Those which have to be complied with, because they are expressive of public policy: disobedience is punished either by direct penalties or by considering an act or contract void |
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What is permissive or suppletory laws? |
Those which may be deviated from, if the individual so desires |
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What is public law and its components? |
Governs the relation of the individual with the state or ruler or community as a whole Political law, criminal law and law on taxation |
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What is private law and its components? |
Regulates the relations of the members of a community with one another Civil law, labor law and commercial law |
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What is substantive law? |
That which establishes rights and duties |
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What is remedial law (procedural or adjective law)? |
That which prescribes the manner of enforcing legal rights and claims |
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What is political law? |
That branch of public law which deals with the organization and operations of the governmental organs of the state and defines the relations of the state with the inhabitants It consists, among others, of: ✌️constitutional laws 1&2 ✌️administrative law, law on public officers & election laws ✌️public international law |
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What is criminal law? |
That branch of law which defines offenses and specify the corresponding penalties therefore It consists, among others, of: ✌️Criminal law 1&2 |
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What is law on taxation? |
That branch of law which deals with the imposition and collection of taxes It consists, among others, of: ✌️ Taxation 1&2 |
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What is civil law? |
That branch of law which every particular nation or state has established peculiarly for itself. This law concerns with civil or private rights and remedies, as contracted to criminal law It consists, among others, of: ✌️persons and family relations ✌️property ✌️obligations and contracts ✌️succession ✌️sales ✌️credit transactions ✌️agency, trust and partnership ✌️torts and damages ✌️transportation law |
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What is labor law? |
That branch of law which deals with the relationship between the employer and the employee, as well as the working conditions, wages, fringe benefits, grievances and association of employees It consists, among others, of: ✌️ Labor law 1&2 |
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What is commercial law? |
Body of law that applies to the rights, relation and conduct or persons and businesses engaged in commerce, merchandising and trade It consists, among others, of: ✌️corporation law ✌️negotiable instruments law |
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What is remedial law? |
It refers to the means and methods of setting the courts in motion, making facts known to them and effectuating their judgements It consists, among others, of: ✌️civil procedure ✌️criminal procedure ✌️evidence ✌️special proceedings |
