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Leg Res Notes
Leg Res Notes
Substantive law creates, defines and regulates rights and duties regarding life,
liberty or property which when violated gives rise to a cause of action.
Remedial Law
Is that branch of law which prescribes the method of enforcing rights and
obtaining redress for their invasion.
It prescribes the method of enforcing those rights and obligations created by
substantive law by providing a procedural system for obtaining redress for the
invasion of rights and violation of duties and by prescribing rules as to how suits
are filed, tried and deicide by the courts.
Public Law
the law of relationships between individuals and the government\
constitutional law
criminal law
administrative law
Private Law
a branch of law that deals with the relations between individuals or institutions.
Civil law
Mercantile law
Procedural law
Primary Authority
Include the actual rule of law created by a governmental body – constitutions,
statutes and codes (from the legislatures), case opinions (from the courts) and
regulations (from administrative bodies).
Secondary Authority
Include materials that explain or comment an areas of law such as articles,
treatises, hornbooks or legal encyclopedias. It is useful in helping to understand
a particular legal topic.
Art 7. Civil Code:
(1) Laws are repealed only by subsequent ones and their violation or non-
observance shall not be excused by disuse, or customs or practice to the contrary.
(2) When the courts declared a law to be inconsistent with the constitution, the
former shall be void and the latter shall govern.
(3) Administrative or executive acts, orders and regulations shall be valid only when
they are not contrary to the laws or the constitution.