問題一覧
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Those validity entered into by the contracting parties, but for having caused economic damage or lesion to one party or to a third party or for having been entered into a fraud of creditors or w/o knowledge & approval of the judicial authority
RESCISSIBLE CONTRACT
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EXAMPLE OF CRIMINAL LAW
HOMICIDE ROBBERY DRUG OFFENSES FRAUD ASSAULT AND BATTERY
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Void abinitio • Those which produce no legal effect for they do not exist in the eyes of the law • Not subjected to ratification • It is valid until there is a judicial declaration
VOID/INEXISTENCE CONTRACT
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Law that holds physician and radiologic technologist harmless when rendering aid to a person in emergency situation
GOOD SAMARITAN LAW
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• Legal action in a control of law • Proceeding in court for a purpose o To enforce right o To redress wrong
LAWSUIT
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Law with its primary purpose to control and suppress the illegal use and distribution of narcotics
NARCOTIC LAW
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•Congress
LEGISLATURE
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• Evidence is needed • Must pay for the damages • Preponderance of evidence
CIVIL LAW
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Those contracts where the consent of the parties is not given expressly but is deducible from the conduct or acts of the parties such as an implied agency
IMPLIED CONTRACT
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Those which cannot be enforced in the court because of the existence of the following reasons: o They were entered into the behalf of another w/o authority or in excess of authority o There’s non-compliance with the statue of frauds o Both contracting parties are incapacitated
UNENFORCEABLE CONTRACT
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4 TYPES SOURCE OF THE LAW
1. CONSTITUTION 2. LEGISLATURE 3. JUDICIARY 4. ADMINISTRATIVE
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Made by the executive law of government
ADMINISTRATIVE LAW
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Those which cannot be perfected w/o compliance with the special formalities required by the law such as donations & mortages of real propertyw
FORMAL CONTRACT
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An obligation to answer for an act done • An obligation on the person to perform some act for which he becomes accountable
RESPONSIBILITY
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Person being accused of a tort or crime
DEFENDANT
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• Department of Justice • Supreme court • Court of Appeals
JUDICIARY
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Responsible for enacting laws • Congress body
LEGISLATURE LAW
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A subpoena that requires witness to bring documents/papers in his possession
SUBPOENA DUCES TECUM
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• Result of written document or correspondence which the law does not require special formalities
INFORMAL CONTRACT
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• Executive power of president
ADMINISTRATIVE
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Responsible for reconciling controversies and conflicts
JUDICIARY SYSTEM
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A claim to particular privilege
RIGHT
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A claim which can be enforced by legal means against a person whose duty is to respect it
LEGAL RIGHT
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Regulates the relationship among people
PRIVATE LAW
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One who makes the will
TESTATOR
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EXAMPLE OF CIVIL LAW
PROPERTY LAW BANCRUPTCY LAW ESTATE LAW FAMILY LAW CONTRACT LAW
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A writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him
SUMMONS
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Law enacted by this body
STATUTORY LAW
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An order that requires a person to attend at a specific time & place to testify as a witness
SUBPOENA
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Law in which the government is directly involved
PUBLIC LAW
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3 TYPES LEGAL ASPECT
CIVIL LAW CRIMINAL LAW ADMINISTRATIVE LAW
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Two or more person must participate • Consent – freely given
REQUISITES OF CONTRACT
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A legal declaration of a person’s intention upon death
WILL
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TYPES OF CONTRACTS
FORMAL CONTRACT INFORMAL CONTRACT EXPRESS CONTRACT IMPLIED CONTRACT
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Complainant or defendant
CIVIL CASE
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Body of law and accumulated decision
COMMON LAW
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Philosophy of science of law
JURISPRUDENCE
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Person or government bringing a lawsuit against another
PLANTIFF
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• State the principle and provisions for establishment of specific law
CONSTITUTIONAL LAW
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Process of the lawsuit
LITIGATION
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A fair & orderly process which aims to protect & enforce a person’s right
DUE PROCESS
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Rule of conduct pronounced by a controlling authority which may be enforced • A rule of civil conduct prescribed by the supreme power in a state commanding what is right & prohibiting what is wrong
LAW
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Act is a wrongful from the very beginning
MALA INSE
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There’s a law that prohibits the act
MALA PROHIBITA
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NLRC meaning
National Labor Relation Commission
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ADMINISTRATIVE LAW EXAMPLE
ZONING AND LAND USE LABOR LAW IMMIGRATION LAW LICENSING AND PERMITS REGULATORY COMPLIANCE
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• Presidential decree • Republic Act
CONSTITUTION
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hose where the contract of the party is defective either because of incapacity to give consent or where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud
VOIDABLE/ANNULLABLE CONTRACT
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Where a contract exists and either party violating it terms Abandonment of duty
BREACH OF CONTRACT
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Act of binding oneself to do something
OBLIGATION
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Mercy killing • Act of painlessly putting to death of person who is suffering from incurable or dispressing disease • Criminal charge of homicide
EUTHANASIA
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The person is in sound mind • During lucid interval, the consent given is valid
LUCID INTERVAL
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• Ground for revocation of license
ADMINISTRATIVE LAW
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An agreement mutually arrived by two or more individuals to do a particular thing in exchange for some consideration
CONTRACT
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Those contract where the consent of the parties is given expressly in writing or verbally
EXPRESS CONTRACT
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Rumors not admissible as evidence
HEARSAY EVIDENCE
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PUBLIC LAW EXAMPLE
HUMAN RIGHTS LAW ENVIRONMENTAL LAW HEALTH LAW LABOR LAW EDUCATION LAW
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• Beyond reasonable doubt • We need to be watchful • Always in favor of the accuse • Civilly liable o Should pay for damages
CRIMINAL LAW
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Facts are presented & determined
TRIAL
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Plantiff or accused
CRIMINAL CASE
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RIGHTS AND RESPONSIBILITIES OF RADIOLOGIC TECHNOLOGISTS
1.) To promote health 2.) To prevent illness 3.) To restore health 4.) To alleviate suffering