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0% found this document useful (0 votes)
27 views1 page

One

Uploaded by

Koja Saehj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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For the activities and assignments:

● Every meeting, we must write a summary of the topics discussed in class.


● Each paper should contain a doctrine, its meaning, and its application.
● The paper should be handwritten on size A4 bond paper with a watermark of
your name placed diagonally across the paper.
● Write your complete name and section on the upper left side of your paper,
and the date of submission on the upper right side.
● Font: Arial, Size: 12, Spacing: 1.5.
● Soft copies will be submitted to Google Drive (please see the link below).
● NO LATE SUBMISSIONS WILL BE ALLOWED.
● The due date will be every Saturday at 11:59 PM of the week.

✅!"#$%&'()

Key Concepts
Doctrine of Necessary Implication: This doctrine states that what is implied in a statute
is as much a part of it as what is expressly stated. It fills in gaps in legislation by drawing
reasonable inferences from the text to effectuate the statute's purpose.
Remedy Implied from a Right (Ubi jus, ibi remedium): Where there is a legal right,
there is a corresponding legal remedy. Even if a statute does not explicitly provide a
remedy for the violation of a right, it is implied that a remedy exists.
Grant of Jurisdiction: The power of a court to hear and decide cases is conferred solely
by the Constitution or statutes. Jurisdiction cannot be implied from statutory language
unless there's a clear legislative intent.
Incidental Powers: A grant of power in a statute implicitly includes all the necessary
incidental powers required to exercise that power effectively. However, this doesn't
encompass powers exceeding the granted power or those that violate the Constitution or
other laws.
Prohibition Implies Nullity: When a statute prohibits an act, any action taken in
violation of that prohibition is automatically considered null and void.
Ex dolo malo non oritur action: No one can benefit from their own wrongdoing. A
person cannot bring a legal action based on their illegal or wrongful act.
Pari delicto: When two parties are equally at fault in an illegal act, the court will typically
not provide relief to either party.
Quando aliquid prohibetur ex directo, prohibetur et per obliquum: What is prohibited
directly is also prohibited indirectly. The law prevents the accomplishment of prohibited
acts through alternative means.
No Penalty for Compliance with Law: It is illogical and unjust to impose a penalty for
an act performed in compliance with the law.

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