LA- Prelims

Question 1

A system of rules that a society/govt develops to deal with crimes, business agreements, and social relationships. (Collins)

Answer 1

Law

Question 2

Law is a system of rules that a society/govt develops to deal with (3)

Answer 2

crimes
business agreements
social relationships

Question 3

binding custom or practice of a community, a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.

Answer 3

Law

Question 4

TRUE/ FALSE: According to Webster, law is a binding custom/practice of a community formally recognized as binding by any authority.

Answer 4

FALSE (any authority- controlling authority)

Question 5

TRUE/ FALSE: According to Webster, the law is a system of rules that a society/govt develops to deal with crimes, business agreements, and social relationships.

Answer 5

FALSE (Webster- Collins)

Question 6

four (4) characteristics of law

Answer 6

1. rule of human conduct
2. just and obligatory
3. promulgated by competent authority
4. must be observed by all

Question 7

TRUE/ FALSE: Law has to be taken as standards or norms by the community. It must be taken seriously

Answer 7

TRUE

Question 8

it has to be taken as standards or norms by the community.

Answer 8

law

Question 9

it is about being equitable to the extent that people are obligated to obey.

Answer 9

justness of the law

Question 10

TRUE/ FALSE: The law has no meaning from the start if promulgated by a competent authority.

Answer 10

FALSE (promulgated- not promulgated)

Question 11

TRUE/ FALSE: All is bound to serve the law. No man is above the law.

Answer 11

TRUE

Question 12

need to comply with requirements

Answer 12

business agreements

Question 13

it means knowing your rights

Answer 13

social relationships

Question 14

it means the law should be followed by humans

Answer 14

rule of human conduct

Question 15

• no law for rich/ poor
• walang pinipili ang batas (equal)
• no one is above the law (ignorance of the law excuses no one)

Answer 15

just and obligatory

Question 16

it means it should be done by the House of Representatives and the Senate

Answer 16

promulgated by competent authority

Question 17

it is something that is always done

Answer 17

standards/ norms

Question 18

promulgation of competent authority is divided into

Answer 18

• lawmakers
• lawbreakers

Question 19

no man is above the law regardless of

Answer 19

age
gender
social status
political affiliations

Question 20

• it is a combination of state, local, and international laws
• controls the different facets and functions of the travel industry

Answer 20

tourism law

Question 21

• usually about travel
• necessary to aid in the conservation of natural resources (UNESCO heritage sites) and preservation of cultural traditions

Answer 21

tourism law

Question 22

• deals with food service, travel, and lodging industries
• more complex
• embraces an extensive collection of laws (contracts, torts, damages, and labor

Answer 22

hospitality laws

Question 23

hospitality law embraces an extensive collection of laws like:

Answer 23

• contracts
• torts
• damages
• labor

Question 24

the law is divided into two (2)

Answer 24

according to purpose
according to scope

Question 25

kinds of laws according to purpose:

Answer 25

1. substantive law 2. adjective law

Question 26

kinds of laws according to scope:

Answer 26

1. private law 2. public law

Question 27

- creates, defines, and regulates rights and duties that can give rise to a cause of action - defines the rights and responsibilities of every citizen

Answer 27

substantive law

Question 28

- provides the method of aiding and protecting certain rights - deals with rules of procedure governing evidence, pleading, and practice (lawyers should present evidence)

Answer 28

adjective law

Question 29

applies to all states or to particular class of persons in the state, with equal force and obligation

Answer 29

public law

Question 30

TRUE/ FALSE: public law applies to all states or to a particular class of persons in the state, with opposite force and obligation.

Answer 30

FALSE (opposite- equal)

Question 31

examples of public law

Answer 31

political law criminal law international law

Question 32

relates to a particular class of persons or things (applicable to businessmen)

Answer 32

private law

Question 33

example of private law

Answer 33

mercantile/ commercial law maritime law civil law

Question 34

body of law that deals with international commerce, business transactions, and operations (contracts, copyrights, and franchising)

Answer 34

mercantile law

Question 35

- basic principles and laws of a nation, state, or social group - determines the powers and duties of the gov't and guarantees certain rights of the people

Answer 35

constitution

Question 36

TRUE/ FALSE: laws that does not conform to the constitution is valid

Answer 36

FALSE (valid- invalid)

Question 37

basic and paramount law that all other laws must conform and to which all people (including highest official) must obey

Answer 37

constitution

Question 38

how to change the constitution?

Answer 38

charter change- call for referendum (vote yes/no)

Question 39

compact made between 2 or more independent nations with a view to the public welfare (an agreement)

Answer 39

treaty

Question 40

TRUE/ FALSE: the constitution is an agreement

Answer 40

FALSE (constitution- treaty)

Question 41

an international agreement between requesting and requested states (in under specified conditions) to turn over persons within the jurisdiction and charged with crimes against the requesting.

Answer 41

extradition treaty

Question 42

the state shall recognize the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions

Answer 42

customs and traditions as bases of law

Question 43

- first part of the constitution - imperative to define as our national territory specifically to the whole world - to assert title/ ownership to avoid future conflicts with other nations.

Answer 43

national territory

Question 44

composition of the PH territory

Answer 44

Art. 1 Section 1 of the 1987 Constitution

Question 45

TRUE/ FALSE: it is imperative to define our national territory specifically to the whole world to assert title/ ownership to avoid future conflicts with other nations.

Answer 45

TRUE

Question 46

two (2) compositions of the PH territory

Answer 46

1. the PH archipelago 2. all territories in which the PH has sovereignty/ jurisdiction

Question 47

three (3) domains in the PH territorial jurisdiction

Answer 47

aerial fluvial terrestrial

Question 48

three (3) inherent powers of the government

Answer 48

1) police power 2) power of eminent domain 3) power of taxation

Question 49

the power of the government to regulate laws and properties for public purpose (cannot make arrest without warrant)

Answer 49

police power

Question 50

power of gov't to acquire private property for public purposes and after payment of just compensation (road widening)

Answer 50

power of eminent domain

Question 51

power of gov't to acquire revenues (vat and withholding tax)

Answer 51

power of taxation

Question 52

bill of rights aka

Answer 52

declaration of rights/ charter rights of the citizens of a country

Question 53

purpose of the bill of rights

Answer 53

to protect these rights against infringement (damage) from public officials and private citizens

Question 54

what is section 1 of the bill of rights?

Answer 54

no one shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of laws