This document provides an introduction to law, including definitions and classifications. It discusses the following key points in 3 sentences:
Law can be defined broadly as any rule that governs conduct, or more strictly as a rule prescribed by legitimate authority for the common benefit. Law is classified as natural law, which is derived from God, or positive law, which includes divine law, constitutional law, administrative law, and others. The sources of law are legislation, precedent, custom, and court decisions, with legislation being the primary source where new laws are created through the legislative process of introduction, readings, debates, and votes in congress.
This document provides an introduction to law, including definitions and classifications. It discusses the following key points in 3 sentences:
Law can be defined broadly as any rule that governs conduct, or more strictly as a rule prescribed by legitimate authority for the common benefit. Law is classified as natural law, which is derived from God, or positive law, which includes divine law, constitutional law, administrative law, and others. The sources of law are legislation, precedent, custom, and court decisions, with legislation being the primary source where new laws are created through the legislative process of introduction, readings, debates, and votes in congress.
This document provides an introduction to law, including definitions and classifications. It discusses the following key points in 3 sentences:
Law can be defined broadly as any rule that governs conduct, or more strictly as a rule prescribed by legitimate authority for the common benefit. Law is classified as natural law, which is derived from God, or positive law, which includes divine law, constitutional law, administrative law, and others. The sources of law are legislation, precedent, custom, and court decisions, with legislation being the primary source where new laws are created through the legislative process of introduction, readings, debates, and votes in congress.
This document provides an introduction to law, including definitions and classifications. It discusses the following key points in 3 sentences:
Law can be defined broadly as any rule that governs conduct, or more strictly as a rule prescribed by legitimate authority for the common benefit. Law is classified as natural law, which is derived from God, or positive law, which includes divine law, constitutional law, administrative law, and others. The sources of law are legislation, precedent, custom, and court decisions, with legislation being the primary source where new laws are created through the legislative process of introduction, readings, debates, and votes in congress.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 3
INTRODUCTION TO LAW
Law (1) Broadest sense Any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation Includes all laws: physical law, state law, divine law, and others (2) Strictly Legal sense Rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit. (Sanchez Roman) Elements of Law: 1. It is a rule of conduct- guides of an individual in relation to his fellowmen and community 2. Law must be just- laws as guides of social conduct should lead towards the dominance of justice 3. It must be obligatory- laws should be enforced and observed 4. Laws must be prescribed by legitimate authority - if not prescribed by legitimate authority, it is impossible to enforce them - Authority to make laws conferred and chosen by the sovereign will of the people (Section 1, article 2) 5. Laws must be ordained for the common benefit - Salus populi est suprema lex- the welfare of the people shall be the supreme law
Classification of Law 1. Natural Law - Force and authority is derived from God and is superior to other laws. a. Physical Law- governs the conduct and movement of things b. Moral law- establishes what is right and wrong and dictated by human conscience and inspired by eternal law 2. Positive Law a. Divine Law (1) Divine Positive Law- 10 commandments, etc. (2) Divine Human Positive Commandments- Commandments of the Church b. Public Law (1) Constitutional law- fundamental law of the land and defines the powers of the government (2) Administrative law- organizational and determines the competence, functions of authorities and regulates the methods the functions are being performed by the government (3) International Law- regulates community of nations (4) Private Law- creates duties, rights and obligations and the means and methods of setting courts in motion for the enforcement of what is right and redress what is wrong Substantive Private Law-declare legal relations of litigants when the courts have been properly moved to action Procedural or Adjective Private Law- means and methods of setting the court into motion, making the facts known and effectuating their judgement
Kinds of Statutes (Statutory Construction)**
1. General Law- affects the community at large. 2. Special law- designed for a particular purpose or limited in range or confined to a prescribed field of action on operation 3. Local law- operated in a particular locality instead over the whole territory 4. Public law- a general classification of law, consisting generally of constitutional, administrative, criminal, and international law - concerned with the organization of the state, the relations between the state and the people who compose it, the responsibilities of public officers of the state, to each other, and to private persons, and the relations of state to one another - may be general, local or special law. 5. Private Law- defines, regulates, enforces, and administers relationship among individuals, associations, and corporations 6. Remedial Statue- providing means or methods whereby cause of action may be affectuated, wrongs redressed, and relief obtained 7. Curative statute- a form of retrospective legislation which reaches back into the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended. 8. Penal Statutes- defines criminal offenses specify corresponding fines and punishments 9. Prospective Law- applicable only to cases which shall arise after its enactment 10. Retrospective Law- looks backward or contemplates the past; one which is made to affect acts or facts occurring or rights occurring before it came to force 11. Affirmative statute- directs the doing of an act or declares what shall be done in contrast to a negative statute which is one that prohibits the things from being done 12. Mandatory statutes- generic term describing statutes which require and not merely permit a course of action
*only a law can repeal a law.
Sources of Law (1) Legislation Legislative department has the power to make/ author laws. A statute begins with a bill. Bill is a draft or a proposed law introduced into the legislative body and is enacted into law by the vote of the legislative body. Act- term used it has been acted upon and passed by the legislature. Steps for legislation: 1. A member of the legislature introduces the proposed bill in the Office of the Secretary and will be calendared for it first reading. 2. First reading: read by number and title only and referred by the Speaker to the appropriate committee for study. 3. Committee shall conduct public hearings. Committee will decide or approve the bill without amendment, approve with changes or recommends its substitution or consolidation with similar bills. 4. After favorable action, will be returned to the assembly for second reading. 5. Second reading, bill will be endorsed by author on the floor. 6. Debates will be opened immediately after the second reading, amendments and insertions can be proposed. 7. After approval in the second reading, bill is printed in final form and copies distributed to members. 8. Bill is calendared for third and final reading. No amendment shall be allowed. Members will vote on the bill. HOR will refer bill to Senate for concurrence or Senate will refer to HOR for concurrence. 9. If HR version is compatible with Senate, final version will be printed. If there are differences, Bicameral Conference will be called to reconcile conflicting provisions 10. Final form submitted to Malacanan. President may sign it into law or may veto and send it back to congress.
(2) Precedent New civil code states that “ Judicial decisions applying or interpreting the laws or the Constitutions shall form a part of the legal system of the Philippines.” (3) Custom Customs are applied only when they are acknowledged and approved by the court through a long and uninterrupted period Requisites to be considered a custom: a. Custom must be approved as a fact according to the rules of evidence. b. Custom must not be contrary to the law. c. There must be a number of repeated facts and these repeated facts must have been uniformly performed. d. There must ab judicial intention to make a rule of social conduct, and e. Custom must be acknowledged and approved by society through a long and uninterrupted period. (4) Court Decision Judicial decisions which apply or interpret the constitution and the laws are part of the legal system however not considered as law but they are evidence on the interpretation of the law.
Concepts: (1) Dura lex sed lex- the law may be hards but it is still the law
(2) Stare Decisis
when a case has been decided one way then another case involving the same question or point should be decided in the same manner, not applicable on erroneous decisions. Focuses on the doctrine created Article 8 of the Civil Code, evokes the general rule that, for the sake of certainty, a conclusion reached in one case should be doctrinally applied to those that follow if the facts are substantially the same, even though the parties may be different.
(3) Res judicata
Principle of conclusiveness of judgement “a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on all points and matters determined in the former suit.” The elements for res judicata to apply were found as follows: (a) the former judgment was final; (b) the court that rendered it had jurisdiction over the subject matter of the parties; (c) the judgment was based on the merits; and (d) between the first and the second actions, there was an identity of parties, subject matters, and causes of action. Further, it was highlighted res judicata embraces two concepts: (1) bar by prior judgment and Exists "when, as between the first case where the judgment was rendered and the second case that is sought to be barred, there is identity of parties, subject matter, and causes of action." (2) conclusiveness of judgment. "when a fact or question has been squarely put in issue, judicially passed upon, and adjudged in a former suit by a court of competent jurisdiction." This principle only needs identity of parties and issues to apply. (4) Ratio decidendi the reason, the rationale for the decision the point which determines the judgement, the principle which the case establishes refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgment binding on courts of lower and later jurisdiction through the doctrine of stare decisis
(5) Fallo The legal document setting the reasons for judicial decisions. Reasons for a court’s judgment as opposed to the decision itself.
(6) Obiter dictum
"said by the way" a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision not binding but may be regarded as persuasive in a future decision.
