ATENEO CENTRAL BAR OPERATIONS 2007 Criminal Law SUMMER REVIEWER BOOK I CRIMINAL LAW – A branch of municipal law which defines crimes‚ treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors‚ ministers plenipotentiary
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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2012 Private Law versus Public Law Public law (Criminal Law) is a theory of law that governs the different relationships between the state and the individual. This is who is considered to be either a citizen or a company. Criminal law has to have evidence that is beyond reasonable doubt‚ which means that a person is very likely of commenting that certain crime (Kilpatrick‚ 2000). Public law covers three sub-divisions which are constitutional‚ administrative and criminal law. To understand how
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nations in the world nowadays‚ and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas‚ international law governs relations between states‚ institutions‚ and individuals across national boundaries‚ municipal law governs this same person within the boundaries of a particular state. The comparative law‚ which is the study‚ analysis‚ and comparison of the different municipal law systems‚ classifies countries into legal families. The two widely
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know “the law”. Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there’s two specifically types of law‚ civil and criminal law. Though both
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Differences of Law There are several distinctions of law in business and society designed to protect humanity. Not properly exposed to law we may not know hot to distinguish them. To understand the differences we will be discussing the meaning between criminal‚ civil‚ common‚ and statutory laws while also providing an example. Last we will also cover what the United States Constitutional provisions most affect the rights of businesses and organizations. Criminal Law Criminal law according to
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Antigone: Divine Law vs. Human Law Possibly the most prominent theme in Sophocles’ "Antigone" is the concept of divine law vs. human law. In the story the two brothers‚ Eteocles and Polyneices have slain each other in battle. The new King Creon‚ who assumed the throne after Eteocles’ death‚ decrees that because Polyneices committed treason against the king‚ he shall not be buried‚ but instead "He shall be left unburied for all to watch The corpse mutilated and eaten by carrion-birds and by
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