1
Q
The person who initiates a lawsuit.
A
PLAINTIFF
2
Q
The person against whom a lawsuit is brought.
A
DEFENDANT
3
Q
The process of taking a case
to court.
A
LITIGATION
4
Q
A law enacted by the legislature.
A
STATUTE
5
Q
A civil wrong or injury, other than a breach of
contract, for which a plaintiff may seek damages
A
TORT
6
Q
A legally binding agreement
between two or more parties.
A
CONTRACT
7
Q
The authority of a court to hear
and decide a specific case.
A
JURISDICTION
8
Q
A request to a higher court to review a lower court’s
decision.
A
APPEAL
9
Q
In a legal situation,
everyone should be treated
fairly
A
NATURAL JUSTICE
10
Q
A written statement made under oath.
A
AFFIDAVIT
11
Q
A legal judgment that officially
clears a defendant of criminal
charges.
A
ACQUITAL
12
Q
term that describes a legal
guideline that was established
by previous decisions
A
PRECEDENT
13
Q
The money or property given
to the court to release a
defendant from jail,
promising they will return for
future court appearances.
A
BAIL
14
Q
A defendant’s formal answer in court admitting or
denying charges, commonly “guilty” or “not guilty.”
A
PLEA
15
Q
The pretrial process where parties obtain evidence from each other.
A
DISCOVERY
16
Q
A sworn, out of-court testimony given by a witness as part of the discovery process.
A
DESPOSITION
17
Q
A criminal offense less serious
than a felony, often punishable
by fine or short term
imprisonment.
A
MISDEMEANOR
18
Q
A serious crime, typically one involving violence or fraud, punishable by imprisonment for more than a
year.
A
FELONY
19
Q
The legal process of administering a deceased
person’s estate.
A
PROBATE
20
Q
A legal document giving someone the authority to act on another’s behalf.
A
POWER OF ATTORNEY
21
Q
A written order commanding
a person to attend a court
proceeding an
A
SUBPOENA
22
Q
A formal decision or finding made by a jury or judge
A
VERDICT
23
Q
Money awarded to a plaintiff to compensate for harm or to punish the defendant.
A
DAMAGES
24
Q
Responsibility under law; in tort
law, it refers to the responsibility
for damages or injury
A
LIABILITY
25
A formal decision or finding made by a jury or judge.
VERDICT
26
Money awarded to a plaintiff to compensate for harm
or to punish the defendant.
DAMAGES
27
Responsibility under law; in tort
law, it refers to the responsibility
for damages or injury
LIABILITY
28
This is when someone is intentionally doing something that's illegal or wrong
MALFEASANCE
29
It's when someone does something legal but in a wrong way
MISFEASANCE
30
The failure to do something that should have been done, resulting in harm or damages
NONFEASANCE
31
A court order directing a
person to do, or not do,
something.
INJUNCTION
32
Failure to exercise the care that a reasonable person
would in a similar situation, leading to harm or injury.
NEGLIGENCE
33
Representing oneself in court without
a lawyer
PROSE
34
is broadly defined as “a rule of
conduct, just and obligatory,
promulgated by legitimate authority,
and designed for common
observance and benefit”.
LAW
35
Guidelines for
actions and behaviors expected of
individuals and institutions.
RULE OF CONDUCT
36
Based on
fairness, and compliance is
mandatory
JUST AND OBLIGATORY
37
Created and enforced by
government or competent entities.
PROMULGATED BY PROPER AUTHORITY
38
Aims to serve society as a whole,
not individual interests.
COMMON OBSERVANCE AND BENEFIT
39
govern the organization and operation of tourism enterprises (e.g.,
The Tourism Act of 2009 in the Philippines), protect domestic workers, and regulate
environmental impacts.
DOMESTIC OR NATIONAL LAW
40
Legislated and promulgated
by God or divine being
DIVINE LAW
41
Classified as:
General or Public Law
Individual or Private Law
HUMAN LAW
42
Governs relations among states, tourists, and companies crossing borders. Examples: Geneva Conventions, Universal Declaration of Human Rights, and UNWTO
Global Code of Ethics for Tourism.
INTERNATIONAL LAW
43
Sets broad frameworks for
state-citizen interaction; it
governs the relations between
human beings, as citizens of a
state and the governing
power. In tourism, this can
include rights to work, travel,
and equal opportunity
CONSTITUTIONAL LAW
44
Focuses on regulations issued
by government agencies and it
governs the relations among
the officials and employees of
the government
ADMINISTRATIVE LAW
45
Involves the prosecution by the
state of a person or entity for
acts that have been classified
as crimes. These laws define
what actions are considered
crimes and specify the
punishment for committing
them
CRIMINAL LAW
46
The killing of a person, not
constituting murder or parricide, is punishable by reclusion temporal (a prison term ranging from 12 years
and 1 day to 20 years)
HOMICIDE
47
Killing one's father, mother, child, or
other specified relatives is subject to reclusion perpetua
(20 years and 1 day to 40 years imprisonment)
PARRICIDE
48
Sometimes recognizes rules of
worship and conduct, relevant
in countries where religious law
influences public behavior (e.g.,
modesty laws impacting tourist
attire)
RELIGIOUS LAW
49
Regulates the relations of
individuals with other individuals
for purely private ends
CIVIL LAW
50
Deals with contracts, property,
torts, and family law. Vital for hotel
bookings, travel agent
agreements, and personal injury
claims.
CIVIL LAW
51
Pertains to business transactions
(e.g., checks or credit card use
under the Negotiable Instruments
Law)
MERCHANTILE LAW
52
Provides for how private rights
may be imposed
PROCEDURAL LAW
53
Specifies how to enforce laws and
resolve disputes (e.g., summons,
court procedures for tourist
complaints or claims against
businesses)
PROCEDURAL LAW
54
The highest law of the land that
defines the state's authority,
citizens' rights, and the
government's structure.
CONSTITUTIONAL
55
These are binding international
agreements between states,
influencing cross-border travel,
environmental standards, human
rights, and tourism cooperation (e.g.,
UNWTO treaties, ASEAN tourism
agreements).
TREATIES
56
Laws passed by legislatures—such
as the Philippine Tourism Act of
2009 (RA 9593); Consumer Act (RA
7394) —regulate industry standards,
employee welfare, consumer rights,
and environmental protection.
LEGISLATION
57
Regulations, licenses, and guidelines
issued by departments (e.g., the
Department of Tourism’s
accreditation for hotels)
operationalize laws.
ADMINISTRATIVE ORDERS
58
Courts interpret and apply
statutes, setting precedents (e.g.,
Supreme Court rulings on
property rights at tourist sites).
JUDICIAL DECISION
59
Community practices—like
indigenous rituals or local dispute
resolution mechanisms—may be
recognized as part of the law in
some contexts.
CUSTOMS & TRADITION
60
ARTICLE 1
THE NATIONAL TERRITORY
61
The territorial domain refers to
the land mass, which may be integrate or dismembered, or partly
bound by water or consist of one whole island. It may also be
composed of several islands, like the Philippines, which are also
known as mid-ocean archipelagos
TERRESTRIAL DOMAIN / LAND TERRITORY
62
which covers internal waters,
territorial sea, contiguous zone, exclusive economic zone,
continental shelf
FLUVIAL DOMAIN / MARITIME TERRITORY
63
It includes the air directly above the
state's terrestrial and fluvial domains, all the way up to where the
outer space begins.
AIRIAL DOMAIN / AIRSPACE
64
is a concept in the law of the sea that allows for a vessel to pass through the territorial waters of another state, subject to certain restrictions
INNOCENT PASSAGE
65
is the right of any foreign merchant vessel
to enter the territorial waters of a state in case of emergency such as lack,
of provision, unseaworthiness of the vessel, inclement weather, pursuit of
pirates, or other force majeure.
RIGHT OF INVOLUNTARY ENTRANCE
66
States may also establish a contiguous zone from the outer edge of the
territorial seas to a maximum of 24 nautical miles from the baseline. This
zone exists to bolster a State’s law enforcement capacity and prevent
criminals from fleeing the territorial sea.
CONTIGUOUS ZONE
67
States may claim an EEZ that extends 200 nautical miles from the baseline
as per UNCLOS.
EXCLUSIVE ECONOMIC ZONE
68
is a natural seaward extension of a land boundary
CONTINENTAL SHELF
69
ARTICLE 2
MARITIME TERRITORY
70
ARTICLE 3
BILL OF RIGHTS
71
No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person be denied
the equal protection of the laws.
ARTICLE 3, SECTION 1
72
freedom to do right and never wrong; it is ever guided by
reason and the upright and honorable conscience of the individual
LIBERTY
73
may refer to personal, immovable or movable objects like
land buildings, car, etc
PROPERTY
74
ARTICLE 4
CITIZENSHIP
75
A person having the title of citizenship. He is a
member of democratic community who enjoys
full civil and political rights and is accorded
protection inside and outside the territory of
the State.
CITIZEN
76
is a citizen of a country who is
residing in or passing through another
country. He is particularly called “foreigner”.
ALIEN
77
Citizenship by virtue of blood relationship. The children follow
the citizenship of the parents. This prevails in the Philippines.
JUS SANGUINIS
78
Citizenship by virtue of the place of birth. A person becomes a
citizen of the state where he is born irrespective of the
citizenship of the parents. This principle prevails in the United
States.
JUS SOLI
79
is the legal act of adopting a foreigner
into the political body of the state and clothing him
with the rights and privileges of a citizen. It implies
the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body
politic.
NATURALIZATION
80
known also as obligor or debtor; the person who has
the duty to fulfill the obligation or the prestati
PASSIVE SUBJECT
81
the person who has the power to demand the
fulfillment of the obligation; also called the creditor or obligee
ACTIVE SUBJECT
82
the object of the obligation to give, to do or not to do
PRESTATION
83
the vinculum or that which binds the debtor and creditor
JURIDICAL TIE
84
SOURCE OF OBLIGATION
-obligations arising from law are not presumed only; those
obligations expressly determined by law are demandable.
LAW
85
this is based on the principle of unjust enrichment,
meaning no one shall be enriched at the expense of others
QUASI CONTACT
86
Under the Revise Penal
Code of the Philippines, any person criminally liable is also civilly liable.
The civil liability pertains to the damages that must be oaid arising
from the offense committed.
ACTS OR OMISSIONS PUNISHABLE BY LAW
87
Under the Civil Code, whoever will
cause damage or injury to another due to fault or negligence, there
being no pre-existing contractual obligation, shall be held liable for
damages
QUASI DELICT / CULOA AQUILIANA
88
the fraud was committed
during the performance of the obligation and the remedy for this
is to demand for damages
INCIDENTAL FRAUD
89
the fraud was committed at the
very beginning of the transaction in order to induce or convince
the other person to enter into a contract plus damages.
CASUAL FRAUD
90
the omission of that diligence required by the nature of
an obligation and corresponds to the circumstances of person, time
and place
NEGLIGENCE
91
a
kind of diligence that must be observed by the obligor in general
Diligence of a good father of a family or ordinary diligence
92
this is the highest
degree of care. This must be observed only when the law so
provides or when the parties so agree.
Utmost diligence or extraordinary diligence –
93
This means that when
the maturity date within which to perform the obligation was not
performed, the creditor should demand its fulfillment for the debtor to
be considered in delay.
DELAY
94
the creditor goes to court to fix the period
within which the debtor will perform the obligation
JUDICIAL DEMAND
95
the creditor writes a demand letter or
demand orally
EXTRA JUDICIAL DEMAND
96
it is the failure to
perform that which is incumbent upon him. The non-performance or
failure of the party to fulfill his duty is liable for damages.
Contravention of the Tenor of the Obligation
97
one which is not subject to a period or condition and is
demandable at once.
PURE OBLIGATION
98
is one where the obligation is subject to a condition. It is
demandable upon the happening or non-happening of the condition.
CONDITONAL OBLIGATION
99
an event which will certainly happen; Thus, the
happening or the arrival of the period gives rise to an obligation or extinguishment of
it
OBLIGATION WITH A PERIOD
100
there are several debtors and one or more
creditors, but each debtor is only liable for his share of the debt and each of the
creditors to his share of credi
JOINT AND SOLIDARY OBLIGATION
LATH 311
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