WEEK 1-2

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17 Terms

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Felipe Sanchez

According to? a Spanish Civilist, law is defined as a rule ofconduct, just andobligatory promulgated by legitimate authority and of common observance and benefits.

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it is a rule of conduct

If there is no rule in the society, there will be chaos or disorder. A society without law can be likened to a forest full of dangerous animals ready to kill us. Because there is law, order is established in such place.

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It is just and obligatory

Laws must be applied to people. The penalty imposed by law must be commensurate to the wrongful act committed by a person.

The law is obligatory because of the penalty or legal consequence it provides.

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It is promulgated by legitimate authority

It is necessary that the person who creates the law must have the authority to do so under the constitution otherwise that the law shall not be valid.

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Substantive law

a law that creates, defines, and regulates rights, or which regulates the rights and duties which give rise to a cause of action.

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Adjective Law

a law that provides the method of aiding and protecting certain rights.

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General or public law

a law that applies to all the people of a state or to all of a particular class of persons in a state, with equal force and obligation.

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Criminal law

- a law that applies to all the people of a state or to all of a particular class of persons in a state, with equal force and obligation.

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International law

a body of rules or principles of action governing the relations between States.

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Political law

- law regulating the relations sustained by the inhabitants of a territory to the sovereign.

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Special or private law

a law which relates to particular persons or things of a class

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Civil law

the mass of precepts which determines and regulates those relations of assistance, authority, and obedience existing among members of a family and those which exist among members of a society for the protection of private interests.

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Maritime Law

the law dealing with commerce by sea, involving regulation of ships and harbors and the status of seamen.

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Mercantile law

the law of commercial transactions derived from the law of merchant which includes, commercial paper, insurance, and other types of agency.

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Executive power

or the power to execute, enforce, or implement the law. This power is vested to the President of the Philippines.

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Legislative law

This power is vested to the Congress of the Philippines which is composed of the Senate and House of Representatives; except to the extent reserved to the people by the provision on initiative and referendum.

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The judicial power

also the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the government or any agency or instrumentality thereof. This branch belongs the power to interpret the law.