What is the definition of law according to Roman Sanchez?
A rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.
What are the essential elements that make law a law?
It must be a rule of conduct, just, obligatory, prescribed by legitimate authority, and ordained for the common benefit.
Explain the meaning of "salus populi est suprema lex" in the context of law.
Laws must be for the common good
Name the two families of law and briefly describe each.
Natural Law and Positive Law. Natural Law includes physical and moral law, while Positive Law encompasses laws in a written form.
Provide examples of physical law and moral law within the context of Natural Law.
Physical law affects non-living objects (e.g., throwing a stone), while moral law establishes normative conduct, determining right from wrong.
What does Positive Law refer to, and is there such a thing as negative law?
Positive Law is laws in a written form everywhere, and there is no such thing as negative law.
Differentiate between Divine positive law and Divine human positive law.
Pertains to the 10 commandments, while ____ relates to the laws of the Church due to the rich history of the Catholic Church.
Define Constitutional law and its role.
The fundamental law of the land, defining the powers of the government.
Explain the concept of liberal democracy in the context of law.
Limits government power through the constitution, defining the boundaries of what the government can do.
What does Administrative law regulate, and what is its purpose?
Regulates the organization, competences of administrative authorities, and methods by which each branch of the government performs its functions.
Define International law and its scope.
Regulates the community of nations, governing relationships between nations or states.
What does Private law encompass, and what is its focus?
Includes rules creating duties, rights, and obligations, focusing on means and methods of setting courts in motion for the enforcement of rights or redress of wrongs.
Differentiate between Substantive law and Procedural law.
_____ pertains to rights and obligations (e.g., Civil code), while ______ includes rules and guidelines on how a court conducts its business and how court cases proceed.
Name the sources of law mentioned
Legislature, Constitution, Judicial Decision/s, and Customs.
Why is the judiciary not considered a source of law?
Cecause its role is to interpret laws, not to make them; it is the duty of the legislature to make laws.
How does law affect individuals in terms of rights and obligations?
Defines rights and corresponding obligations, specifying what one person can claim over another person, and what actions are legally necessary or prohibited.
What is the significance of the statement "For every right, there's a corresponding obligation"?
It emphasizes the reciprocal nature of rights and obligations; every right an individual possesses is accompanied by a corresponding obligation.
What is the legal remedy in case a right is violated?
It is provided through the state, particularly through the court or judicial system.
What happens if a right is violated and there is no corresponding remedy?