STATUTORY_CONSTRUCTION_Lectures_2024_Exam_I

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30 Terms

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Statutory Construction

The process of interpreting legislation to determine its meaning and implications.

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Bill

A draft of a proposed law presented for debate and approval in a legislative body.

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Act

The term used for a bill after it has been approved by the legislature and enacted into law.

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Statute

The written will of the legislature, formally expressed to constitute it as law.

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Statute Law

A broader legal concept that includes statutes as well as judicial interpretations and applications.

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Nullify

To declare a legal marriage void or invalid.

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Psychological Incapacity

A condition under which a person lacks the ability to fulfill essential obligations of marriage.

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Enrolled Bill

A bill that has been passed by Congress and authenticated, which carries the process with certainty regarding its enactment.

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Veto

The power of the President to reject a bill passed by Congress.

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Veto Message

The communication from the President detailing the objections against a particular bill.

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General Law

A type of law that affects the community at large.

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Special Law

A law designed for a particular purpose or area.

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Local Law

A law that applies to a specific locality rather than the entire state.

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Public Law

A classification of law concerning the organization of government and relationships between the state and individuals.

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Private Law

Law that governs relationships between individuals or organizations.

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Retrospective Law

A law that looks backward to affect events that occurred prior to its enactment.

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Vague Statute

A law that lacks clear standards or definitions, causing uncertainty in its application.

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Legislative Intent

The purpose or goal that the legislature sought to achieve when enacting a law.

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Statute as a Whole

The principle that legislative intent should be interpreted by examining the entire statute, not just individual provisions.

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Spirit of the Law

The underlying purpose or rationale that drives the enactment of a law.

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Casus Omissus

A situation where a statute explicitly covers certain cases but omits others similar in nature.

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Stare Decisis

The legal principle of determining points in litigation according to precedent.

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Presumption against Unconstitutionality

The assumption that a statute is valid unless proven otherwise.

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Administrative Orders

Acts of the President that pertain to the management of government operations.

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Executive Orders

Directives issued by the President to manage the operations of the federal government.

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Sangguniang Barangay

The smallest legislative body in local government that can pass ordinances.

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Barangay Ordinance

A local law enacted by the Sangguniang Barangay, subject to higher government review.

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Repeal by Implication

When a new law conflicts with an older law to the extent that both cannot coexist.

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Mandatory Statute

A law that requires specific actions or outcomes, as opposed to simply allowing them.

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General and Specific Terms

Rules for interpreting general terms in legislation based on their context.