Introduction to Law, Its Concept and Classification

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What is law in its general sense?

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Law is defined as the science of moral laws based on the rational nature of man, governing his free activity for the realization of his individual and social ends, demandable and reciprocal.

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What is law in its specific sense?

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Law is defined as a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

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What are the elements of law?

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1. Law is a rule of conduct. 2. Law must be just. 3. Law must be obligatory. 4. Law must be promulgated by legitimate authority. 5. Law must be enacted for common observance and benefit.

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What is Substantive Law?

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Substantive Law is 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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What is Adjective Law?

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

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What is General or Public Law?

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General or Public Law is 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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What is Special Law?

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Special Law is a law which relates to particular persons or things of a class.

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What are the sources of law?

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1. 1987 Philippine Constitution 2. Statutes or legislative enactments 3. Administrative or executive orders, regulations, and rulings 4. Judicial decisions or jurisprudence 5. Custom 6. Other sources

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What are the requisites for custom to be considered by courts?

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1. A custom must be proved as a fact according to the rule of evidence. 2. The custom must not be contrary to law. 3. There must be a number of repeated acts and these repeated acts must have been uniformly performed. 4. A custom must be acknowledged and approved by society through long and uninterrupted usage.

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What is the Theory of Separation of Powers?

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The Theory of Separation of Powers, proposed by Baron de Montesquieu, explains how government might be preserved from corruption by having different bodies exercise legislative, executive, and judicial power, all bound by the rule of law.