Law can be broadly defined as any rule of conduct applicable to all kinds of actions, or more strictly as a rule of conduct prescribed by legitimate authority for common benefit. There are two main classifications of law: natural law which derives from God, and positive law which is prescribed by human authority. Positive law includes divine law from religious texts as well as public law which regulates government and relations between states, and private law which governs relationships between individuals and organizations. Statutes can also be classified in different ways such as by their scope, whether they are remedial, curative, or penal in nature, and whether they are prospective, retrospective, affirmative, or mandatory.
Law can be broadly defined as any rule of conduct applicable to all kinds of actions, or more strictly as a rule of conduct prescribed by legitimate authority for common benefit. There are two main classifications of law: natural law which derives from God, and positive law which is prescribed by human authority. Positive law includes divine law from religious texts as well as public law which regulates government and relations between states, and private law which governs relationships between individuals and organizations. Statutes can also be classified in different ways such as by their scope, whether they are remedial, curative, or penal in nature, and whether they are prospective, retrospective, affirmative, or mandatory.
Law can be broadly defined as any rule of conduct applicable to all kinds of actions, or more strictly as a rule of conduct prescribed by legitimate authority for common benefit. There are two main classifications of law: natural law which derives from God, and positive law which is prescribed by human authority. Positive law includes divine law from religious texts as well as public law which regulates government and relations between states, and private law which governs relationships between individuals and organizations. Statutes can also be classified in different ways such as by their scope, whether they are remedial, curative, or penal in nature, and whether they are prospective, retrospective, affirmative, or mandatory.
Law can be broadly defined as any rule of conduct applicable to all kinds of actions, or more strictly as a rule of conduct prescribed by legitimate authority for common benefit. There are two main classifications of law: natural law which derives from God, and positive law which is prescribed by human authority. Positive law includes divine law from religious texts as well as public law which regulates government and relations between states, and private law which governs relationships between individuals and organizations. Statutes can also be classified in different ways such as by their scope, whether they are remedial, curative, or penal in nature, and whether they are prospective, retrospective, affirmative, or mandatory.
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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
