THE PRACTICE OF CIVIL ENGINEERING
1.1
GENERAL
This presentation addresses the procurement of civil
engineering services for a quality project.
QUALITY
• It is one satisfactorily meeting both the expectations of the
client or employer and the requirements of the project.
• It results from team effort and is measured by the degree
of satisfaction of all parties involved.
1.2
PROFESSIONAL RESPONSIBILITY
The standard of practice is for Civil Engineers to be
given responsibility for studying, conceiving, designing,
observing construction, and assisting in the programming
for operating and maintaining engineering works.
The health, safety, well-being, and comfort of the
public in using a facility, and the ultimate cost, all depend
to a considerable extent on how well members of the
project team fulfill their professional and contractual
responsibilities.
• Civil Engineers shall conduct themselves in a highly
professional manner and serve as faithful trustees or
agents of their clients or employers.
• Care and protection of the environment is paramount in
the Civil Engineer’s work engagement.
• Civil Engineers must always strive to maintain the highest
standard of Ethical Professional Practice in their dealing
with clients, employers, employees, competitors, and the
community.
1.3
CLIENT-CIVIL ENGINEER RELATIONSHIPS
Many engineering works are conceived, designed,
and constructed through the efforts of Civil Engineers
employed in governmental agencies or in industry. Other
engineering projects come to fruition through the efforts
of civil engineering firms engaged for a specific project or
program by public agencies or private clients. Many public
and private entities, of necessity, rely on Civil Engineers as
their employees. Independent civil engineering firms are
also relied upon to accomplish projects which require
special expertise beyond the normal capabilities.
1.3.1
OBLIGATIONS OF THE CIVIL ENGINEER
1. The Civil Engineer shall perform the Scope of the
Services as stated in SECTION 2.
2. The Civil Engineer shall exercise reasonable skill, care,
and diligence in the performance of his obligations.
3. The Civil Engineer shall act independently, and as
required by the contract, perform with the necessary
skills and professional judgement, when required to
certify, decide or exercise discretion between the
client and a third party with whom the client has a
contract.
4. The Civil Engineer is authorized as the client’s faithful
agent when required but only as implied in section 2
or implied in the contract adopted for the project.
5. When aware of any matters which will change or has
changed the scope of the services, the Civil Engineer
shall give written notice to the client containing
particulars of the change.
6. For Specified Staged Services, the Civil Engineer shall
not initiate or proceed with any subsequent stage of
the services without the approval of the client.
7. When required, the Civil Engineer shall direct and
cooperate with all other professionals and integrate
their work where applicable into that being
undertaken by the Civil Engineer and other
professionals, but shall not be professionally liable for
their work.
8.
1.3.2
1.3.3
The Civil Engineer may recommend specialist suppliers
and/or contractors to design and execute certain parts
of the works.
9. The Civil Engineer shall notify the client of any interest
the Civil Engineer has which may significantly conflict
with the interests of the client under their contract.
OBLIGATIONS OF THE CLIENT
1. The client shall pay the Civil Engineer for his services,
the amount of fees and expenses set out in or
determined in their agreement.
2. The client shall provide the Civil Engineer within
reasonable time, all information required by the Civil
Engineer in the performance of his services and a
decision in writing on all matters properly referred to
the client in writing.
3. The client shall cooperate with the Civil Engineer and
shall not interfere with or obstruct the proper
performance of the services.
4. The client shall, as soon as practicable, make
arrangements to enable the Civil Engineer to enter the
site and inspect facilities needed in the performance of
his services.
5. The client shall arrange for the provision of services
from other professionals or others as may be required
and bear all costs.
6. When the Civil Engineer is required to administer the
work of other professionals or other third parties who
are directly contracted by the client or when the civil
engineer is required to act as Engineer-to-the-Contract
for any contract on behalf of the client then all
instructions by the client shall be given through the
Civil Engineer.
7. When aware of any matter which will change or has
changed the scope of the Civil Engineer’s Services, the
client shall notify in writing within 7 days the Civil
Engineer containing, as far as practicable, the
particulars of the change.
LIABILITY OF THE CIVIL ENGINEER AND THE CLIENT
The Civil Engineer shall only be liable to pay
damages to the client arising out of or in connection with
their agreement if a breach of duty of care is established
against the Civil Engineer.
The client shall only be liable to pay damages to
the Civil Engineer if a breach of the Client’s duty to the Civil
Engineer is established against the client.
1.3.3.a
Limitation
or
Civil
Engineer’s
Responsibility
1. The Civil Engineer shall have no responsibility or liability
for costs, loss or damage of whatsoever nature arising from
any errors in or omission from data, documents, plans,
design or specifications not prepared by the Civil Engineer,
or other personnel under the direct control of the Civil
Engineer.
2. Notwithstanding any recommendation or lack of
recommendation made by the Civil Engineer to the client,
the Civil Engineer shall not be held to have made any
warranty or promise as to the suitability, competence or
performance of any other consultant, contractor, supplier,
or other third party.
3. The Civil Engineer shall not be responsible for the
techniques, method, programmes, sequences or
procedures adopted by any contractor or other third party
responsible for executing any aspects of the project, nor for
their performance on time, their failure to carry out the
work in accordance with any contract documents or for any
other acts or omissions.
1.3.4
1.3.4
1.3.3.b. Damages
If found that the Civil Engineer undertaking
Services is liable to the client, damages shall be
payable on the following terms:
1. Damages payable shall be limited to the amount
of reasonable foreseeable loss and damage
suffered as a direct result of such breach;
2. The maximum amount of damages payable in
respect of liability, whether under the law of
contract, or otherwise, is limited to the amount
specified in the Specific Provision or, if no such
amount or provision is specified, to the lesser of
₱300,000 or 10% of the total amount of damages
of the portion of the work attributable to the Civil
Engineer’s breach of duty 25% of the total of fees
payable under their agreement.
3. If found to be liable, in circumstances where the
acts of omissions of a third party have contributed
to the loss or damage, the proportion of damages
payable by the party found liable shall be limited
to that proportion which is attributable to that
party’s breach of duty, whether the claims are
made under contract or otherwise.
SUSPENSION OR TERMINATION OF SERVICES
If circumstances arise for which the Civil Engineer
is not responsible and which make it impractical or
impossible for the Civil Engineer to perform in whole or in
part the services in accordance with their agreement then
the Civil Engineer shall promptly notify the client of the
same.
If by reason of the abovementioned
circumstances certain services had been suspended, the
time for their completion shall be extended by the extent
of the delay plus a reasonable period for their resumption,
or if the speed of performing certain services has to be
reduced, the time for their completion shall be extended as
is necessary by reason of the circumstances.
The client may suspend all or part of the services
or terminate the agreement by written notice of not less
than 30 days to the Civil Engineer who shall immediately
make arrangements to stop the services and minimize
further expenditure.
The Civil Engineer by written notice of no less than
30 days may terminate the agreement or at his and or her
discretion without prejudice to the right to terminate,
suspend the performance of the whole or part of the
services under the following conditions:
1. When 30 days after the due date or payment of
any account the Civil Engineer has not received payment of
that of it which has not by that time been contested in
writing, or
2. When Services have been suspended for a
period exceeding 6 calendar months, or if it is clear to the
Civil Engineer that it will be impossible or impractical to
resume the suspended services before the period of
suspension has exceeded six months.
When the services are suspended or terminated
the Civil Engineer shall be entitled to payment for the
services carried out including consequential costs,
expenses and disruption fees incurred as a result of the
suspension or termination, and remobilization fees on
resumption. Suspension or termination of the agreement
shall not prejudice or affect accrued rights or claims and
liabilities of the parties.
SETTLEMENT OF DISPUTES
If a dispute arises on either party, then that party
shall by notice in writing served on the other party of the
details of the dispute and request that the dispute be
1.3.5
1.4
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1.5
1.6
resolved by conciliation. If the matter in dispute is not
resolved in conciliation between the parties within the
prescribed time then the matter in dispute shall be referred
to arbitration.
OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS
The design analyses, drawings, specifications and
reproductions thereof are instruments of service owned by
the Professional Engineer and shall be used only for the
specific project covered by the agreement between the
client and engineer.
CIVIL ENGINEERING SERVICES
Design, consultations and advice
Feasibility studies
Field investigations and engineering data collection
Environmental assessments, impact statements or
Engineering reports
Opinions of probable construction cost
Preliminary and final designs, drawings, specifications and
construction bidding documents
Assistance in securing construction bids and in awarding
contracts
Construction administration and observation
Arrangements for or performance of testing of materials
and equipment
Assistance in start-up, assessment of capacity, and
operation of facilities
Preparation of operation and maintenance manuals
Appraisals and rate studies
Value engineering
Expert testimony
Assessment of risks
Structural remediation or rehabilitation
Project management and controls
Provision of supplementary temporary staff
Teaching
Civil Engineers may also serve as construction
managers or program managers and may employ other
subconsultants and subcontractors as part of their services.
Many Civil Engineers and civil engineering firms
specialize in specific areas of engineering, such as:
structural
and
foundation,
geotechnical
and
environmental, water resources and hydraulics,
transportation, and construction management and
engineering.
SPECIALIZATION IN CIVIL ENGINEERING
The PICE recognizes specializations in the fields of
structural engineering, geotechnical engineering, water
engineering, transportation engineering, and construction
management and engineering. A Civil Engineer who has
specialized in any area of civil engineering may be
considered as specialist in the appropriate field as
enumerated.
SELECTION OF A CIVIL ENGINEER
The accomplishment of the client’s objectives and
commitment of financial resources, soundness of design,
and suitability of the proposed project for its intended
function rest upon the experience, organization, skill,
integrity, and judgment of the Civil Engineer.
The cost of the full range of engineering services
typically amounts to not less than 1 to 2% of the life-cycle
cost of most construction projects.
It is usually advantageous for the client to select a
Civil Engineer who can support the project from conception
through design, construction, and project start-up.
Qualifications, experience, reputation, and quality
of client service are of critical importance in the selection
of a Civil Engineer as a consultant.
1.7
1.8
1.9
1.10
1.11
Once a Civil Engineer is selected, detailed
discussions between the engineer and client to define the
scope and expectations of the engineering services to be
provided, are essential before negotiating a fee for
services.
The Philippine Institute of Civil Engineers supports
procedures such as those specified by CIAP Documents 101
and 102, Executive Order 164, and PD 1594 as amended.
PRIME PROFESSIONAL PRACTICE
The guidelines in this manual refer specifically to
the engagement of engineering services where the
consulting Civil Engineers serve as the client directly as a
prime professional, and where the client is usually the
owner of the project. Some information in this manual is
also applicable when the Civil Engineer serves as the client
indirectly as a sub-consultant through another engineer or
architect who serves as the prime professional. These
services may also be performed through another entity on
a design-build construction management, or turnkey
project.
EMPLOYMENT
The guidelines in this manual also refer to Civil
Engineers employed by professional consulting firms,
government
agencies,
educational
institutions,
construction firms, manufacturing and commercial entities
and other entities.
DESIGN COMPETITION
Design competition is a process through which a
Civil Engineer is selected above other competitors based on
proposal or an innovative approach to solving a client’s
needs. Competing firms are normally shortlisted from a
number or engineers responding to a client, solicitation
either directly, by a letter request or indirectly through a
newspaper or other form or publication. The civil engineer
should be awarded a stipend to participate in the
competition.
CONTINGENCY BASIS OF EMPLOYMENT
Canon 5c or the PICE Code of Ethics provides that
“Engineers may request, propose or accept professional
commissions on a contingency basis only under
circumstances in which their professional judgements
would not be compromised.” Although contingent
commissions are permissible, it is the general view of PICE
that it is not in the best interest of the client or the public
for the Civil Engineer to provide professional services on a
contingency basis.
PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS
Foreign Civil Engineers are allowed by law (RA 8981) to
practice civil engineering in the Philippines under the
following instances.
1. The laws of the foreigner’s state or country allow the
citizens of the Philippines to practice civil engineering on
the same basis and grant the same privileges as those
enjoyed by the subjects or citizens of such foreign state or
country.
2. Allowed under international agreement.
3. Consultants to be engaged in foreign-funded, joint
venture or foreign-assisted projects of the government.
4. Employees of Philippine or foreign private institutions
pursuant to law.
5. Civil Engineers who were former citizens of the
Philippines, who had been registered and issued a
certificate of registration and a professional identification
card prior to their naturalization as foreign citizens, and
who, while in the country on a visit, sojourn or permanent
residence, desire to practice their profession.
GUIDELINES TO PRACTICE UNDER THE FUNDAMENTAL CANONS OF
ETHICS
Canon 1: Civil Engineering shall hold paramount the safety, health,
and welfare of the public, and shall strive to comply with the
principles of sustainable development in the performance of their
professional duties.
A. Civil Engineers shall recognize that the lives safety, health, and
welfare of the general public are dependent upon engineering
judgements, decisions and practices Incorporated into structures,
machine, products, processes and devices.
B. Civil engineers shall approve or seal only those design documents,
reviewed or prepared by them, which are determined to be safe for
public health and welfare in conformity with accepted engineering
standards.
C. Civil engineers whose professional judgement is overruled under
circumstances where the safety, health and welfare of the public
are endangered, or the principles of sustainable development
ignored, shall inform their clients or employers of the possible
consequences.
D. Civil engineers who have knowledge or reason to believe that
another person or firm may be in violation of any of the provisions
of canon 1 shall present such information to the proper authority
in writing and shall cooperate with the proper authority in
furnishing such further information or assistance as may be
required.
E. Civil engineers should seek opportunities to be of constructive
service in civic affairs and work for the advancement of the safety,
health and well-being of their communities, and their protection of
the environment through the practice of sustainable development.
F. Civil engineers should be committed to improving the
environment by adherence to the principles of sustainable
development so as to enhance the quality of life of the general
public.
Canon 2: Civil Engineers shall perform services only in areas of their
competence.
A. Civil engineers shall undertake to perform engineering
assignment only when qualified by education or experience in the
technical field of engineering involved.
B. Civil engineers may accept an assignment requiring education or
experience outside of their own fields of competence, provided
their services are restricted to those phases of the project in which
they are qualified. All other phases of such project shall be
performed by qualified associates, consultants, or employees.
C. Civil engineers shall not affix their signatures or seals to any civil
engineering plan or document dealing with subject matter in which
they lack competence by virtue of education or experience or to
any such plan or document not reviewed or prepared under their
supervision and control.
D. Civil engineers shall not use the specialty engineering title such
as structure engineer, transportation engineer, water engineer,
geotechnical engineer, construction engineer, etc. Without the
PICE specialist accreditation.
Canon 3: Civil Engineers shall issue public statements only in an
objective and truthful manner.
A. Civil engineers should endeavor to extend the public knowledge
of civil engineering and sustainable development, and shall not
participate in the dissemination of untrue, unfair, or exaggerated
statements regarding civil engineering.
B. Civil engineers shall be objective and truthful in professional
reports, statements, or testimony. They shall include or relevant and
pertinent information in such reports, statements, or testimony.
C. Civil engineers, when serving as expert witnesses, shall express
civil engineering opinion only witnesses, shall express civil
engineering opinion only when it is founded upon adequate
knowledge of the facts, upon a background of technical
competence, and upon honest conviction.
D. Civil engineers shall issue no statements, criticisms, or arguments
on civil engineering matters which are inspired or paid for by
interested parties, unless they indicate on whose behalf the
statements are made.
E. Civil engineers shall be dignified and modest in explaining their
work and merit and will avoid any act tending to promote their own
interests at the expense of the integrity, honor, and dignity of the
civil engineering profession and/or related professions.
Canon 4: Civil Engineers shall act in professional matters for each
employer or clients as faithful agents or trustees and shall avoid
conflicts of interest.
A. Civil engineers shall avoid all known or potential conflicts of
interest with their employers or clients and shall promptly inform
their employers or clients of any business associations, interest, or
circumstances which could influence their judgement or the quality
of their services.
B. Civil engineers shall not accept compensation from more than
one party for services on the same project, or for services pertaining
to the same project, unless the circumstances are fully disclosed to
and agreed to, by all interested projects.
C. Civil engineers shall not solicit or accept gratuities, directly or
indirectly, from contractors, their agents, or other parties dealing
with their clients or employers in connection with work for which
they are responsible.
D. Civil engineers in public services as members, advisors or
employees of a governmental body or department shall not
participate in consideration or actions with respect to services
solicited or provided by them or their organization in private or
public engineering practice.
E. Civil engineers shall advise their employers or clients when, as a
result of their studies, they believe a project will not be successful.
F. Civil engineers shall not use confidential information coming to
them in the course of their assignments as a means of making a
personal profit if such action is adverse to the interest of their
clients, employers, or the public.
G. Civil engineers shall not accept professional employment outside
of their regular work of interest without the knowledge of their
employers.
Canon 5: Civil Engineers shall build their professional reputation on
the merit of their services and shall not compete unfairly with
others.
A. Civil engineers shall not give, solicit, or receive either directly or
indirectly, any political contribution, gratuity, or unlawful
consideration in order to secure work, exclusive of securing salaried
positions through employment agencies.
B. Civil engineers should negotiate contracts for professional
services fairly and on the basis of demonstrated competence and
qualifications for the type of professional service required.
C. Civil engineers may request; propose or accept professional
commissions on a contingent basis only under circumstances in
which their professional judgements would not be compromised.
D. Civil engineers shall not falsify or permit misrepresentation of
their academic or professional qualifications or experience.
E. Civil engineers shall give proper credit for engineering work to
those to whom credit is due and shall recognize to proprietary
interests of others. Whenever possible, they shall name the person
or persons who may be responsible for design, inventions, writings,
or other accomplishments.
F. Civil engineers may advertise professional services in a way that
does not contain misleading language or is in any other manner
derogatory to the dignity of the profession. Examples of permissible
advertising are as follows:
1. Professional cars in recognized, dignified publications,
and listings in rosters or directories published by
responsible organizations, provided that the card or listings
are consistent in size and content and are in a section of
the publication regularly devoted to such professional
cards.
2. Brochures which factually describe experience, facilities,
personnel, and capacity to render service, providing they
are not misleading with respect to the engineer’s
participation in projects described.
3. Display advertising in recognized dignified business and
professional publications, providing it is factual and it is not
misleading with respect to the engineer’s extent or
participation in projects described.
4. A statement of the engineers’ names or the name of the
firm and statement of the type of service posted on
projects for which they render services.
5. Preparation or authorized of descriptive articles for the
lay or technical press, which are factual and dignified. Such
articles shall not imply anything more than direct
participation in the project described.
6. Permission by engineers for their names to be used in
commercial advertisements, such as may be published by
contractors, materials suppliers, etc., only by means of a
modest, dignified notation acknowledging the engineers’
participation in the project described. Such permission
shall not include public endorsement or proprietary
products.
G. Civil engineers shall not maliciously or falsely, directly, or
indirectly, injure the professional reputation, prospects, practice, or
employment of another engineer or indiscriminately criticize
another’s work.
H. Civil engineers shall not use equipment, supplies, laboratory, or
office facilities of their employers to carry on outside private
practice without the consent of their employers.
Canon 6: Civil Engineers shall act in such a manner as to uphold and
enhance the honor, integrity, and dignity of the civil engineering
profession.
A. Civil engineers shall not knowingly act in a manner which will be
derogatory to the honor, integrity, or dignity of the civil engineering
profession or knowingly engage in business or professional practices
of a fraudulent, dishonest, or unethical nature.
Canon 7: Civil Engineers shall continue their professional
development throughout their careers and shall provide
opportunities for the professional development of those Civil
Engineers under their supervision.
A. Civil engineers should keep current in their specialty fields by
engaging in professional practice, participating in continuing
education courses, reading in the technical literature, and attending
professional meetings and seminars.
B. Civil engineers should encourage their engineering employees to
become registered at the earliest possible date.
C. Civil engineers should encourage engineering employees to
attend and present papers at professional and technical society
meetings.
D. Civil engineers shall uphold the principle of mutually satisfying
relationships between employers and employees with respect to
terms of employment including professional grade descriptions,
salary ranges, and fringe benefits.
ORIGIN, NATURE AND DEVELOPMENT OF LAW
ORIGIN OF THE PRESENT CIVILIZATION
The current state of mental and material development of the
world’s nations is the result of many influences, many of which can
be traced back to the beginning of history. Men and nations, along
with their laws, customs, and relations, are not entirely the product
of modern civilization, but have been shaped by influences that have
existed since the beginning of time.
LAW AN EVOLUTION
It will be found that the laws of today, which protect our rights and
privileges and limit and control our actions, were not created
entirely new for the particular needs of the present time, but
inherited from the past, changed and modified as necessities
demanded, but still having their root, origin, and foundation in the
past.
Technical students are probably most familiar with the "natural
laws" that the sciences are based on. Knowledge of such laws is an
essential component of technical education.
MORAL LAW
Moral law can be defined as the general moral tone or feeling of a
community toward right and wrong action. The punishment for
neglecting or disregarding moral law is public disapprobation,
contempt or ostracism. It varies with time and country, and it
changes to some extent with each decade.
DIVINE LAW
Divine law is thought to have been given by God and serves as the
foundation of all religions, and it is likely to have had a greater
influence on human behavior than any other factor except natural
law.
DEVELOPMENT OF HUMAN LAWS
To protect himself in the enjoyment of his own property and rights,
he was compelled to enact laws governing his own behavior.
Initially, such laws were largely governed by custom or the opinion
of the clan or tribe's leader. Whatever was usual or customary was
considered correct and became law. As the races of mankind have
grown, developed, and experienced new demands for the
protection of their social, political, and business relations, these
laws have grown, developed, and been altered and expanded, and
they now constitute the vast legal fabric that controls and modifies
every line of civilized human activity.
International law may also be mentioned, which consists of the
rules, principles, and customs by which independent nations govern
their dealings with one another.
WRITTEN LAW
Law and subordinate legislation, including Orders, Proclamations,
Rules, By-laws, and Regulations made or issued by any body or
person with the power or authority to make or issue the same under
any law.
UNWRITTEN LAW
consists of positive enactments of congress, state legislatures, or
city councils that are passed to meet a specific need or to achieve a
particular result. They are sometimes passed to simply affirm known
legal principles, and other times to modify or invalidate a particular
established principle.
Unwritten law is the most extensive and the most important body
of law. It includes the Civil Law and the Common Law.
CIVIL LAW is the foundation of the Continental European
Jurisprudence System and has a significant impact on
English and American law. It is made up of Roman laws,
edicts from kings and the senate, and legal decisions and
learned opinions. This was codified in the Sixth Century by
Emperor Justinian's order.
COMMON LAW consists largely of customs and usages.
When such customs and usages became well established,
they were regarded as established laws and were upheld
by courts.
DEVELOPMENT OF COMMON LAW BY JUDICIAL DECISIONS
"Legislative activity has primarily been directed to the organization
and administration of government; in legislations of a public
character such as provisions for the collection of revenues, the
maintenance and regulation of public highways, the licensing of
special trades, and other administrative acts. In the great field of
private law regulating the relations of individuals with each other, a
field from which the vast majority of every day subjects of legislation
arise, our legal system is still essentially the product of judicial
decisions. Legislative invasion of this field is, principally, only for the
purpose of amendment of detail."
These judgements create a precedent that can be used to settle
similar cases in the future. Courts are not at liberty to ignore
decisions of previous courts because they are part of the common
law and "no man is wiser than the law.“
Theoretically the law never changes. Practically, it is constantly
being revised and modified to meet the demands of civilization and
its attendant commercial processes. While past decisions are
binding in a sense on courts of the same jurisdiction, when new
situations occur, precedents created by previous decisions can and
are more or less extended, modified, and molded by new decisions
into conformity with the necessities that arise.
COURTS OF COMMON LAW
“JUSTICE COURTS" have been established to handle minor cases
involving claims of up to $200. Appeals from these courts may be
brought to the next higher courts.
“CIRCUIT COURT” is probably the most commonly used to refer to
common law courts. There are also provisions for such courts of first
resort's findings to be reviewed or carried by appeal to a second
court and occasionally to a third court of final jurisdiction (Supreme
Court
of
the
States).
OBJECTS OF COMMON LAW
• To protect the rights of individuals
• To redress the wrongs to which they may have been
subjected
SUBDIVISIONS OF COMMON LAW
SUBSTANSIVE LAW
- Substansive laws define rights and wrongs.
RIGHTS
Blackstone divides rights into two categories: rights of persons and
rights of things. The first relates to men's persons as distinct from
their property and includes every man's right to personal security,
personal liberty, and personal property, as well as the liabilities and
rights arising from mutual relations. The right of things includes laws
which deal with the acquisition and ownership of real and personal
property, including the accompanying right and liabilities.
WRONGS
Wrongs can be divided into two categories: public wrongs and
private wrongs. Public wrongs are those that are committed against
the entire community and are classified as crimes and
misdemeanors. Private wrongs are those that cause loss to an
individual rather than causing harm to the community as a whole,
and are referred to as torts.
The penalty for public wrongs may be fines or imprisonment , while
those for private wrongs include restitution for the losses suffered.
REMEDIAL LAW
Controls the organization of courts and the methods by which claims
can be enforced therein. In both this country and in England there
are two great systems of courts, the Courts of Common Law and the
Courts of Equity.
GREAT SYSTEMS OF COURTS
COURTS OF COMMON LAW such courts are governed entirely by
common law practices and are strictly bound by precedent.
COURTS OF EQUITY
A second great system of courts has been developed in both
America and England known as courts of equity. These exist
primarily because of the limitations of common law courts. A
common law court can compensate an individual for an
infringement of his legal rights, but it cannot prevent such an
infringement. These courts can punish the individual for failing to
carry out the terms of his contract, but they cannot actually force
the individual to do so.
The system of equity courts was created to account for such
possibilities. A court of equity provides "extraordinary remedies,"
that is, solutions that are not recognized by common law. It also
differs in that it is not bound by ironclad precedent rules but rather
seeks to administer absolute justice.
FUNDAMENTAL LAWS
• It should be understood that besides the civil and the common law
(the unwritten law of the land) previously referred to, there is also
the written law, the basis of which is that fundamental law of the
state or nation : viz., the national and state constitutions.
• This fundamental law is from the people themselves and is
adopted by their direct franchise and can be changed only with their
consent.
• Congress or legislature cannot alter these constitutions, nor can
they pass valid laws antagonistic therewith.
• In the United States the fundamental basis of law so far as it
applies is the Constitution of the United States.
DEVELOPMENT OF SPECIAL LAWS
• Under all of these conditions, which may appears at first glance as
greatly complicated, the great body of the law affecting various
features of civilization has been developed.
• Probably the first branch of law that attained importance was that
in relation to land.
• Other laws developed to govern and regulate men's action toward
each other in various new relations which developed with
civilization.
• The acquisition and ownership of movable property was followed
by the laws relating to personal property.
• With the development of trade it was found necessary for
mankind to form agreements with each other for specific purposes
which led to the development of the laws of contracts.
Other specialties in which engineers are interested:
• Laws of franchises
• The laws governing water and water rights
• The laws of eminent dominion
• And the patent laws
>> These laws are in fact so numerous that a mere catalog of their
subjects would require much more time and space than are
available.
>> While these laws are far from perfect, they represent the
customs and best ideas of the past and are slowly modified to meet
the new conditions that arise.
OUTLINE OF LAWS AND LEGAL RELATIONS
GENERAL CLASSIFICATIONS OF LAW
DEFINITIONS OF LAW
GENERAL
• Century Dictionary - "A rule of action prescribed by authority."
• Standard Dictionary - "A rule of action established by recognized
authority to enforce justice and direct duty."
• Benjamin - "A governing rule of action."
• Spencer - "A rule of action, that which is set, fixed, prescribed or
laid down beforehand."
LAWS BETWEEN GOD AND MAN
1. Natural laws – Statements of the invariable sequence of
natural phenomena. Law of gravity. Boyle's law, etc.
2. Divine or revealed law – Those rules of action supposed to
be laid upon man by Diety. Mosaic law.
LAWS BETWEEN MAN AND MAN
1. General – Rules for the control of human action ; these
were "created by man for his own protection, except
insofar as religious writings are considered to be laws laid
down by the Diety." ~ White
2. Ecclesiastical law - Laws of the church or other religious
associations.
3. Moral law – Those rules of conduct approved by the
community.
4. International law – Those precedents or customs observed
by independent nations.
 Covering mutual rights and duties of nations.

Covering rights and duties of citizens when in foreign
states.
5. Municipal law – Those rules of civil rights and conduct which
regulate the action of the inhabitants of a nation or state with each
other.
FURTHER DEFINITION
1. Positive law – Those rules of conduct and of interrelation
prescribed and enforcible by public authority ; the "law" of
the courts. It reflect the popular conviction of that which is
reasonably just, equitable and proper in the conduct and
relations of a man to man under the average circumstances
of the state in which they prevail.
2. Substantive law – Individual rights and that which
constitutes infringement on those rights.
3. Remedial law - Relates to the organization of courts and the
manner in which rights may be enforced therein.
SOURCES OF MUNICIPAL LAW
WRITTEN LAW
• Constitution of the nation
• Constitution of the state
• Statutes of nation
• Statutes of state
• Ordinances of minor political subdivision
• Contracts
UNWRITTEN LAW
1.Civil Law
~Origin - Justinian Code
2.Common Law
~ Origin – All the laws of England
- All those universal or local usages
~ Parol Contracts
~ Quasi Contracts
DEFENITIONS CONCERNING MUNICIPAL LAWS
SUBJECT MATTER
1.Political Law
2.Criminal Law
3.Civil Law
OBJECT MATTER
1. Primary Rights
• Rights of person – deals with the rights of a person as against
any other individual
• Rights of things – deals with the rights of the person as against
all of the world such as the acquisition and ownership of
personal property and real state, with the corresponding rights
and liabilities
2. Wrongs
• Private Wrongs – not injurious to the community in
themselves
- injury of one individual through carelessness or
neglect of his legal obligations
• Public Wrongs – are those committed against the state, against
the whole community
CLASSIFICATION AND RELATION OF POSITIVE LAW
ENFORCEMENT OF LAW
IN GENERAL
• Natural law – Invariable laws of nature.
• Divine law - Hope of future reward and fear of eternal punishment
• Ecclesiastical law - Church approval vs. Excommunication
• Moral law - Self-approval vs. self-censure, and approval vs. censure
of society or community
• International law - Approval vs. Disapproval of nations
• Municipal law – Popular approval or disapproval and penalties
prescribed by nation, state or municipal statutes
REMEDIAL LAWS
• Courts of Common Law - Governed by common law rules and
strictly bound by precedent. Functions, punishment and
compensation for acts after they occur.
• Courts of Equity - Extraordinary remedies not recognized by
common law ; injunction against unlawful action, - enforce specific
performance.
ENFORCEMENT OF REMEDIAL LAWS
• Justice Courts – Which are limited to cases involving not more than
200 US dollars.
• Circuit Court - Cases that arise under laws of the state
• Supreme Court of State - Review of circuit court cases ; also court
of jurisdiction in cases involving constitutional questions • U.S
Circuit Court - Cases under United States statutes ; also cases
between citizens of different states, involving property rights of
more than 2,000 US dollars • U.S Court of Appeal – Review of circuit
court decisions • U.S Supreme Court - Review of decisions of court
of appeal and of supreme courts of states.