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General Divisions of Law

The document outlines the general divisions, characteristics, necessity, functions, importance of sanction, and classification of law. It discusses the major categories of law such as divine law, natural law, substantive and remedial law, mandatory and directory law, public and private law. The sources of law identified include the constitution, legislation, executive orders, judicial decisions, and customary law. Customary law and the doctrine of stare decisis are also summarized.

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867 views2 pages

General Divisions of Law

The document outlines the general divisions, characteristics, necessity, functions, importance of sanction, and classification of law. It discusses the major categories of law such as divine law, natural law, substantive and remedial law, mandatory and directory law, public and private law. The sources of law identified include the constitution, legislation, executive orders, judicial decisions, and customary law. Customary law and the doctrine of stare decisis are also summarized.

Uploaded by

KurtLim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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- General Divisions of Law

 Divine Law – Promulgated by God


 Natural Law – Promulgated by Man

- Characteristics of Law
 Rule of conduct
 Subject to general observance
 Obligatory
 Promulgated by legitimate authority

- Necessity and Functions of Law


 Maintaining order
 Resolves disputes
 Protect rights

- Importance of Sanction
 Penalizes offender
 Compensation for the victims

- Classification of Law
 According to whether the right is given or the procedure for enforcement
I. Substantive Law – Establishes rights and duties (Revised Penal Code, Civil Code)
II. Remedial Law – Prescribes the manner of enforcing legal rights and claims

 According to force or effect


I. Mandatory – Either mandatory or prohibitive commands something to be done
or not to be done
II. Directory – Outlines the act to be done
 According to scope or content
I. General or Public Law – Regulates the rights and duties from the relationship of
the state to the people
a) International Law
b) Constitutional Law
c) Administrative Law
d) Criminal Law
II. Individual or Private Law – Regulates the relations of citizens with one another
a) Civil Law
b) Mercantile
c) Procedural

- Sources of Law
 Constitution
 Legislation
 Executive orders
 Judicial decisions

- Customary Law
 Article 8. Judicial decisions applying or interpreting the laws, or the Constitution shall
form a part of the legal system of the Philippines.
 Article 11. Customs which are contrary to law, public order or public policy shall not be
countenanced.
 Article 12. A custom must be proved as a fact, according to the rules of evidence.

- The doctrine of Stare Decisis – The case at hand is to be decided based on the ruling of past
similar cases

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