OBLI FINALS

• Law


  • Rule of Conduct
  • System of uniformity
  • A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit
• General Division of Law


  • State Law
  • Non-State Law
• State Law


  • Promulgated and enforced by the State
  • Law in the strict legal sense
  • Concern us
• Non-State Law


  • Not promulgated and enforced by the State
  • Law in the non-legal sense
  • Guide us
• Subjects of Law (Non-State)


  • Divine Law
  • Natural Law
  • Moral Law
  • Physical Law
• Divine Law


  Promulgated by God using direct revelation (sanction: afterlife)
• Natural Law


  Divine inspiration in man in the sense of justice, fairness, and righteousness (conscience)
• Moral Law

  The totality of the norms of good and right conduct ("relative")
• Physical Law

  Uniformities of actions and orders of sequence
• Necessity and Functions of Law


  • Internal order
  • Secures justice
• Principles of Law

  • Ignorantia legis non excusat
  • Ignorantia legis neminem excusat
  • Nemo Censetur Ignorare legem
  • Ignorantia iuris nocet
  • Dura lex sed lex
• Stare Decois


  Obligates court to follow historical case with similar case
• Stare decisis, et non quieta movere


  Binds the court to follow legal precedents set by previous decisions by Supreme court
• 3 Branches of Government


  • Legislative (lawmakers)
  • Executives (implementors)
  • Judicial (interpreters)
• Legislative consist of 250 Upper House and 24 Lower House
• Kinds of State Law (As to Purpose)


  • Substantive Law
  • Adjective/Remedial/Procedural Law
• Substantive Law


  Creates and defines rights and duties
• Adjective/Remedial/Procedural Law


  Prescribes procedure by which rights and obligation may be enforced
• Kinds of State Law (As to Subject matter)


  • Public Law
  • Private Law
• Public Law


  Regulates rights and duties
• Types of Public Law


  • Criminal Law
  • International Law
  • Constitutional Law
• Criminal Law


  Defines crime and provide for punishment
• International Law


  Governs relations among nation
• Constitutional Law


  Establishes fundamental power of State and fundamental rights of people
• Private Law


  Regulates relations of individuals with one another purely for private ends
• Types of Private Law


  • Civil Law
  • Commercial Law
  • Labor Law
  • International Private Law
• Civil Law


  Defines and protects private rights of citizens
• Commercial Law


  Business engaged
• Labor Law


  Governs employment practices and labor relations
• International Private Law


  Relationship between physical and judicial person of different personalities
• Sources of Law


  • Constitution
  • Legislation
  • Administrative rules and regulations
  • Juridical decisions of jurisprudence
  • Treaty
  • Customs
  • Religion
  • Foreign Decisions
  • Opinions of Legalists
  • Principle of Justice and equity
• Moral Damages


  Serious anxiety, besmirched reputation
• Exemplary or Corrective Damages

  To deter future wrongdoings
• Nominal Damages


  When right is violated, but no injury or loss
• Temperate Damages


  Given for a loss that has been suffered, but cannot be proven with certainty
• Actual Damages


  Compensate for a proven loss or injury
• Liquidated Damages


  Stipulated in contract
• Obligation


  A juridical necessity to give, to do or not to do
• "to give"


  Delivery of movable or immovable thing
• Obligation


  A juridical relation whereby a person may demand from another the observance of determinative conduct