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How would we explain the branches of government with an IR lens?
The UN is the executive; the preseident is the architect of foreign Policy (Pimentel vs. Executive Secretary, 2005)
How does the judicial system come into play with criminal justice?
What is the legal category of physical injury under?
Falls under felony
Mala in se
considered wrong even if there is no law
Mala prohibita
becomes wrong because of a statute
If a crime was committed in a diplomatic office of the Philippines, which jurisdiction of law is applied?
The crime would be prosecuted under Philippine law because embassies are considered territorial extensions of the state
When overspeeding kills a person, what crime morality is it?
It can be considered mala in se or mala prohibita. Killing is a moral wrong (mala in se), overspeeding is not a moral question but there are written penalties
Types of Felony
Dolo or Culpa
Dolo
deceit: must exhibit freedom, intelligence, and intent of doing the act
Culpa
fault: freedom, intelligence, imprudent, negligent, lack of foresight failing or doing the act
What is Justice?
The process or result of using laws to fairly judge and punish crimes and criminals
Nullum crimen sine legi
no crime without law
nulla poena sine legi
no punishment without law
How do you know the law is penal in character
conducts punishment; if there is a penal law; in the absence of a penal specific law, then it is not a penal law
Note
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