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Item 1 Correct answer: Bill

 When a later statute contains


provisions so contrary to irreconcilable Item 7
with those of the earlier law that only  Which of the following can repeal a
one of the two statutes can stand in law?
force. Correct answer: Law
Correct answer: Implied Repeal
Item 8
Item 2  Which of the following describes
 Which of the following describes Extravagant Interpretation?
Predestined Interpretation? Correct answer: Substitutes meaning
Correct answer: Takes place when evidently beyond the true one.
the interpreter makes the text
subservient to his preconceived Item 9
views and desires.  The situs of construction and
interpretation of written laws belong to
Item 3 the legislative department.
 Which of the following is/are Correct answer: False
categories of repeal by implication?
A. Where provision in the two acts on Item 10
the same subject matter are in an  Res ipsa loquitor _____
irreconcilable conflict.
B. If the later act covers the whole Correct answer: The thing speaks for
subject of the earlier one and is clearly itself
intended as a substitute – to be a
complete and perfect system in itself. Item 11
 Which of the following is a generic
Correct answer: Both A and B
term describing statutes which require,
and not merely permit a course of
Item 4 action?
 Which of the following describes
Unrestricted Interpretation? Correct answer: Mandatory Statute
Correct answer: Proceeds the
Item 12
general principles of interpretation
 Which of the following defines Local
in good faith.
Law?
Score: 1 out of 1 Yes
Correct answer: Relates or operates
over a particular locality instead of
Item 5 over the whole territory of the state
 Statutory construction is the art of
seeking the intention of the legislature
Item 13
in enacting a statute and applying it to
 Sui generis _____
a given state of facts.
Correct answer: of its own kind
Correct answer: True

Item 6 Item 14
 Which of the following is defined in
 To which does a statute start with?
this statement: A rule of conduct
formulated and made obligatory by  Ignorantia legis neminem excusat
legitimate power of the State? _____
Correct answer: Law Correct answer: Ignorance of the law
excuses no one
Item 15
 Which of the following is a requisite in Item 22
construing the law?  Only the Legislative body has the
power to construe the written laws.
Correct answer: There is ambiguity in
the law involved in the controversy. Correct answer: False

Item 16 Item 23
 Which of the following BEST  Which of the following describes a
describes the Enacting Clause in a bill?
Statute?
Correct answer: Draft of a proposed
Correct answer: Part of statute which law from the time of its introduction in
declares its enactment and serves to a legislative body through all the
identify it as an act of legislation various stages in both houses.
proceeding from the proper legislative
authority. Item 24
 Which of the following does NOT
Item 17 describe a Statute?
 Ejusdem Generis _____
Correct answer: It is an act of the
Correct answer: Of the same kind executive department as an organized
body
Item 18
 When should the Court apply the law Item 25
and not interpret it?  What is the importance of a
Separability Clause in a statute?
Correct answer: When it is clear and
unequivocal Correct answer: It provides that if one
or more provisions or unconstitutional,
Item 19 the remaining provisions shall still be
 Which branch of the government in force.
passes statutes?
Item 26
Correct answer: Legislative
 Statues or act may be said to be
vague when it lacks comprehensible
Item 20 standards those men “of common
 Which of the following directs the intelligence must necessarily guess at
doing of an act, or declares what shall its meaning and differ as to its
be done in contrast to a negative application.
statute which is one that prohibits the
things from being done, or declares Correct answer: True
what shall not be done?
Item 27
Correct answer: Affirmative Statute
 Which of the following defines
Remedial Statute?
Item 21
Correct answer: Provides means or Item 35
method whereby causes of action may  Which of the following defines
be effectuated, wrongs redressed, and Retrospective Law?
relief obtained.
Correct answer: Looks backward or
Item 28 contemplates the past.
 To whom is the Judicial Power
vested? Item 36
 Which of the following best describes
Correct answer: The Supreme Court legal hermeneutics?
and the Lower Courts
Correct answer: The systematic body
Item 29 of rules which are recognized as
 The body is the part of statute applicable to the construction and
explaining the reasons for its interpretation of legal writings.
enactment and the objects sought to
be accomplished. Item 37
 Which of the following defines Penal
Correct answer: False Statute?

Item 30 Correct answer: Defines criminal


 Mens rea _____ offenses specify corresponding fines
and punishments.
Correct answer: guilty mind
Item 38
Item 31  Which of the following defines
 Which of the following describes General Law?
Limited Interpretation?
Correct answer: Affects the community
Correct answer: Influenced by other at large. That which affects all people
principles than the strictly hermeneutic of the state or all a particular class.
ones.
Item 39
Item 32  Which of the following is NOT a
 It is the abrogation or annulling of a constitutional test in the passage of a
previously existing law by the bill?
enactment of a subsequent statute
which declares that the former law Correct answer: Every bill passed by
shall be revoked and abrogated. the Congress shall, before it becomes
a law, be presented to the Judiciary.
Correct answer: Express Repeal
Item 40
Item 33  The saving clause announces the
 Prima Facie _____ effective date of the law.
Correct answer: at first glance Correct answer: False
Item 34 Item 41
 Dura Lex Sed Lex _____  Verba legis non est decendendum
_____
Correct answer: The law is harsh, but
it is the law. Correct answer: From the words of the
law there can be no departure
Item 42 application is impossible or inadequate
 Which of the following is/are common without them.
subjects of construction and Correct answer: False
interpretation?
Correct answer: All of the above Item 49
 Ambiguity exists if reasonable
Item 43 persons can find different meanings in
 Which of the following defines Penal a statute, document, etc.
Statute? Correct answer: True
Correct answer: Defines, regulates,
enforces, and administers Item 50
relationships among individuals,  Ambiguity exists if reasonable
associations and corporations. persons can find different meanings in
a statute, document, etc.
Item 44 Correct answer: True
 Which of the following is NOT a
purpose of constitutional requirements Item 51
in the passage of a bill?  Actus reus _____
Correct answer: To prevent the Correct answer: guilty act
clogging of cases in the Courts.
Item 52
Item 45  When is a statute considered
 Which of the following defines Public ambiguous?
Law?
Correct answer: When it is subject to
Correct answer: A general two or more meanings
classification of law, consisting
generally of constitutional, Item 53
administrative, criminal, and  Which among the following is/are
international law. NOT a duty of the Courts of Justice?
Item 46 Correct answer: To settle disputes
 Which of the following is NOT a test between and among the other
whether an ordinance is valid? branches of the government.
Correct answer: Must be general and Item 54
consistent with public and private  A statute is repugnant to the
policy. Constitution if:
A. It leaves law enforcers unbridled
Item 47 discretions.
 To which is the situs of construction B. It violates due process for failure to
and interpretation of written laws accord persons fair notice of conduct
belong to? to avoid.
Correct answer: Judiciary Correct answer: Both A and B
Item 48 Item 55
 Construction and interpretation of law  Which of the following BEST
comes before it is demonstrated that describes Statutory Construction?
Correct answer: It is the art or process third and final reading. No
of discovering and expounding the amendments will be permitted at this
meaning and intention of the authors time. The bill's title is read first followed
of the law with respect to its by a vote in the National Assembly.
application to a given case After the third and final reading in one
House, where the bill originated, it will
Item 56 be transmitted to the other House,
 Write down the Steps of How a Bill going through the same procedure.
Becomes a Law. 2 points for each step 9. After the bill has been passed, it will
– one point for the sequence, another be submitted to the President for
point for the correct step. (20 points) approval. If he approves, he shall veto
it and return the same with his
Response: How a Bill Becomes a Law objections to the National Assembly
where it is originated, and if approved
1. The proposed bill may be introduced by two-thirds of all its members, shall
by a member of the National Assembly become a law. Under the present set-
to the Secretary of the National up, if the originating house will agree
Assembly, who will schedule it for the to pass the bill, it shall be sent,
first reading. together with the objections to the
2. In the first reading, the bill is read by other house by which it shall be
its number and title only. likewise be considered and must be
3. Following the first reading, the approved by two-thirds of the votes.
Speaker refers the bill to the 10. Every bill passed by Congress
appropriate committee to further shall be acted upon by the President
review. The appropriate committee will within thirty (30) days from receipt
hold public hearings at this point. The thereof. Otherwise, it shall become a
committee must next decide whether law.
or not to report the bill favorably or
whether a substitute bill should be Score: 10 out of 20 
considered after the public hearings. If
Teacher comment:
the committee issues an unfavorable
 use your own words next time
report, the proposed bill is dead.
4. After the committee's approval, the
bill is returned to the National
Item 57
 Which of the following BEST
Assembly and scheduled for a second
describes the Body of a Statute?
reading.
5. In the second reading, the bill is Correct answer: Main and operative
read in its entirety. part of the statute containing its
6. Immediately after the second substantive and even procedural
reading, the bill is set for open debates provisions.
where members of the assembly may
propose amendments and insertions to Item 58
the proposed bill.  To whom is the Legislative Power
7. After the approval of the bill in its vested?
second reading and at least three (3)
calendar days before its final passage, Correct answer: Senate and the House
the bill is printed in its final form, and of Representatives
copies thereof are distributed to each
of the members. Item 59
8. After then, the bill is scheduled for a
 If the law is clear and unequivocal, the  Why should the intention to repeal a
Court has no other alternative but to law be clear and manifest?
apply the law and not to interpret.
Correct answer: To be construed as a
Correct answer: True continuation, and not a substitute for
the first act.
Item 60
 Why should an ordinance not Item 67
contravene a statute?  Statutes are those passed by the
Philippine Commission, the Philippine
Correct answer: Because local
Legislature, the Batasang Pambansa,
councils exercise only delegated
and the Office of the President.
legislative powers conferred on them
by the Congress. Correct answer: False

Item 61 Item 68
 Which of the following describes  When is judicial function required in
construction? statutory construction?
Correct answer: The drawing of Correct answer: When a statute is
conclusions with respect to subjects invoked and different interpretations
that are beyond the direct expression are in contention.
of the text.
Item 69
Item 62  Which of the following describes
 Which of the following defines Special Extensive Interpretation?
Law?
Correct answer: Adopts a more
Correct answer: Designed for a comprehensive signification of the
particular purpose or limited in range words
or confined to a prescribed field of
action on operation. Item 70
 Which of the following BEST
Item 63 describes the Repealing Clause in a
 Which of the following passes an Statute?
Ordinance?
Correct answer: Announces the prior
Correct answer: Local Legislative Body statutes or specific provisions which
have been abrogated by reason of the
Item 64 enactment of the new law.
 Res Judicata _____
Item 71
Correct answer: A cause of action may
 Obiter Dictum _____
not be relitigated once it has been
judged on the merits or finality Correct answer: that which is said in
passing
Item 65
 Ignorantia facti excusat _____ Item 72
 Which of the following does describes
Correct answer: mistake of fact
interpretation (as opposed to
excuses
construction)?
Item 66
Correct answer: The process of Item 80
discovering the true meaning of the  Reddeddo Singula Singulis _____
language used.
Correct answer: By referring each to
Item 73 each
 Expressio Unios Est Exclusio Alterius
_____ Item 81
 Which of the following describes
Correct answer: To express one is to Close Interpretation?
exclude others
Correct answer: Taking the words in
Item 74 their narrowest meaning.
 To whom is the Executive Power
vested?
Correct answer: The President of the
Philippines

Item 75
 The title is usually prefixed to the
statute in the summary of its contents.
Correct answer: True

Item 76
 The executive department determines
whether or not there has been a grave
abuse of discretion amounting to lack
or excess of jurisdiction on the part of
any branch or instrumentality of the
government.
Correct answer: False

Item 77
 Stare Decisis _____
Correct answer: To stand by things
decided

Item 78
 The power to make laws is lodged in
the judiciary.
Correct answer: False

Item 79
 It is the duty of the Courts of Justice to
settle actual controversies involving
rights which are legally demandable
and enforceable
Correct answer: True
Item 1 Congress may have actually intended
 This doctrine simply means that for by enacting both of these definitions?
the sake of certainty, a conclusion Correct answer: Ejusdem generis.
reached in one case should be applied
to those that follow if the facts are Item 5
substantially the same, even though  This doctrine is used to interpret
the parties may be different. loosely written statutes.
Correct answer: Stare Decisis Correct answer: Ejusdem generis
Item 2 Item 6
 Which of the following is also used to  Which of the following words
clarify what has already been said, and emphasizes mandatory character and
in such cases, means “in other words,” means imperative, operating to impose
“to wit,” or “that is to say.” a duty which may be enforced?
Correct answer: Or Correct answer: Shall
Item 3 Item 7
 Which of the following is an example  If a statute is clear, plain and free from
of the doctrine expressio unius est ambiguity, it must be given its literal
exclusion alterius? meaning and applied without
Correct answer: weekends and public attempted interpretation.
holidays excluding Correct answer: Verbal legis
Item 4 Item 8
 In section 3(19) of the Endangered  This doctrine requires courts in a
Species Act of 1973 Congress has country to follow the rule established in
specifically defined the word "take." a decision of the Supreme Court
This word then becomes a key term thereof.
under the Act which is used to
describe specific activities that are Correct answer: Stare Decisis
prohibited relative to "endangered" and
"threatened" species. Specifically, this Item 9
sub-section states that:  In the interpretation of a statute, the
Court should start with the assumption
[t]he term ‘‘take’’ means to harass, that the legislature intended to enact
harm, pursue, hunt, shoot, wound, kill, an effective statute.
trap, capture, or collect, or to attempt [INTERPRETATION OF STATUTE]
to engage in any such conduct.
Correct answer: True
Which of the linguistic rules of
statutory construction (discussed
Item 10
supra) among the following choices is  A cardinal rule in statutory
LEAST LIKELY to be applied under construction is that when the law is
these circumstances to construe the clear and free from any doubt or
E.S.A.s' definitions of both the words ambiguity, there is no room for
"take" and "plants" so as to achieve a construction or interpretation. There is
consistent interpretation of what only room for application.9 As the
statute is clear, plain, and free from
ambiguity, it must be given its literal Item 16
meaning and applied without  Presumption against undesirable
attempted interpretation. (Bolos v. consequences were never intended by
Bolos, G.R. No. 186400, 20 October a legislative measure
2010) _____ [PRESUMPTION]
Correct answer: VERBA LEGIS Correct answer: True

Item 11 Item 17
 What is the ratio decidendi of a case?  It is a settled rule of statutory
Correct answer: The reasons for the construction that the express mention
decision of one person, thing, act, or
consequence excludes all others.
Item 12 Where a statute, by its terms, is
 Which among the following is not true expressly limited to certain matters, it
regarding the doctrine of casus may not, by interpretation or
omissus is- construction, be extended to others.
The rule proceeds from the premise
Correct answer: Omission in a statute that the legislature would not have
can be supplied by construction made specified enumerations in a
statute had the intention been not to
Item 13 restrict its meaning and to confine its
 This literally “of the same kind or terms to those expressly mentioned.
class. (DBP v. COA, G.R. No. 221706, 13
March 2018) _____
Correct answer: Ejusdem generis
Correct answer: EXPRESSIO UNIUS
Item 14 EST EXCLUSIO ALTERIUS
 Which of the following generally
recognized "canons" of statutory Item 18
construction would be MOST  Wherever possible, the words used in
appropriate to aid the court in the Constitution must be given their
determining the proper meaning of this ordinary meaning except where
statutory phrase? technical terms are employed.
“Licensees may hunt moose, deer,
geese, and ducks which are not on the Correct answer: Verbal legis
endangered species list.”.
Item 19
Correct answer: Expressio unius est  Philippines as democratic and
exclusion alterius republican state adopts the generally
accepted principles of international law
Item 15 as part of the law of the land and
 In the absence of implied repeal, a adheres to the policy of peace,
subsequent law cannot be construed equality, justice, freedom, cooperation,
as repealing a prior law unless an and amity with all nations.
irreconcilable inconsistency and [INTERNATIONAL LAW]
repugnancy exists in terms of the new
and old laws. Correct answer: True
[IMPLIED]
Item 20
Correct answer: False, EXPRESS
 The law should never be interpreted in Prisons is not exactly a prisoner. On
such a way as to cause injustice as the other hand, there is no question as
this never within the legislative intent. to the validity of the deportation
decree. This must be accepted that
Correct answer: Presumption against
temporary detention is necessary for
injustice
the process of exclusion or expulsion
of undesirable aliens and that the
Item 21 government or the President has the
 Intrinsic aids are resorted to only if right to detain the undesirable alien for
there is deficiency. a reasonable period of time.
[DEFICIENCY]
Correct answer: False, AMBIGUITY b. In this case, according to
precedence, too long of detention may
Score: 2 out of 2 Yes justify the issuing of a writ of habeas
corpus. The meaning of "reasonable
Item 22 period of time" is unclear and this is
 A person, object or thing omitted from where Verba Legis is being carried
an enumeration must be held to have out. Reasonable time varies
been omitted intentionally. depending on the circumstances,
Correct answer: Casus omissus including the difficulty in getting a
passport, transportation availability,
Item 23 diplomatic arrangements with the
 A statute provides that the President governments concerned, and the
“may not deport foreigners except efforts made to deport the deported.
upon investigation”. Relating to the case, the government
is really trying to expedite the
a. Can the President, pending expulsion of this petitioner. And unless
arrangements for the deportation, also it is shown that the deported is being
detain the undesirable alien for a indefinitely imprisoned under the
reasonable period of time? Explain. pretense of awaiting a chance for
(10 pts.) deportation.

b. Explain the legal maxim verbal legis Item 24


in connection with the statement. (10  It is a rule of legal herneneutics that
pts.) where general words follow an
enumeration of persons or things, by
Response: a. The same case was words of a particular or specific
shown in Borovsky vs. The meaning, such general words are not
Commissioner of Immigration [G.R. to be construed in their widest extent,
No. L-2852, June 30, 1949]. Whereas, but are to be held as applying only to
Borovsky prays for release from the persons or things of the same general
custody of the Director of Prisons who class as those specifically mentioned.
holds him for purposes of deportation. (City of Manila, et.al., v. Entote, G.R.
The President of the Philippines No. L-24776, 28 June 1974) _____
ordered the petitioner's deportation as
an undesirable alien. Thereafter, he Correct answer: EJUSDEM GENERIS
was temporarily released pending
further arrangements for his Item 25
banishment. Furthermore, the  To which is stare decisis practiced?
petitioner confined in New Bilibid
Correct answer: Common law legal words as including all that is embraced
system in said class, although not specifically
named by the particular words. This is
Item 26 justified on the ground that if the
 What is the Latin meaning for "stare lawmaking body intended the general
decisis"? terms to be used in their unrestricted
sense, it would have not made an
Correct answer: Let the decision stand enumeration of particular subjects but
would have used only general terms.
Item 27 (National Power Corporation v. Angas,
 This doctrine enjoins adherence to G.R. Nos. 60225-26, 18 May 1992)
judicial precedents. That decision _____
becomes a judicial precedent to be
followed in subsequent cases by all Correct answer: EJUSDEM GENERIS
courts in the land. The is based on the
principle that once a question of law Item 32
has been examined and decided, it  Presumption against ineffectiveness
should be deemed settled and closed states that statutes must receive a
to further argument. (Fermin v. PP, sensible construction such as will give
G.R. No. 157643, 28 March 2008) effect to the legislative intention so as
_____ to avoid an unjust and absurd
conclusion.
Correct answer: STARE DECISIS [PRESUMPTION AGAINST
INEFFECTIVENESS]
Item 28
 What is a decision made by a judge Correct answer: False,
which states that a legal rule in an PRESUMPTION AGAINST
earlier case is wrong ABSURDITY
Correct answer: Overruling Item 33
 The "granting of government
Item 29 scholarship to poor but deserving
 What is the term that describes 'things students" was omitted in Sections 100
said in passing'? (c) and 272 of the Local Government
Correct answer: Obiter Dicta Code. (COA v. Province of Cebu, G.R.
No. 141386, 29 November 2001)
Item 30 _____
 “Must” means conjunction connecting Correct answer: CASUS OMISSUS
words or phrases expressing the idea
that the latter is to be added or taken Item 34
along with the first.  Under the rule of statutory
[MUST] construction, there is no ground to
Correct answer: False, AND order the COMELEC to prosecute
private respondents for alleged
Item 31 violation of Section 232 of B.P. Blg.
 The purpose of the rule on ejusdem 881 precisely because this is a non-
generis is to give effect to both the criminal act.
particular and general words, by "It is a settled rule of statutory
treating the particular words as construction that the express mention
indicating the class and the general of one person, thing, or consequence
implies the exclusion of all others.” Correct answer: True
(Malanias v. COMELEC, G.R. No.
146943, 4 October 2002) _____ Item 41
 A binding precedent:
Correct answer: EXPRESSIO UNIUS
EST EXCLUSIO ALTERIUS Correct answer: is a legal principle that
must be followed by lower courts in the
Item 35 same court hierarchy in similar cases
 In the case of two conflicting decisions
of the Court of Appeal, which decision Item 42
must lower courts in the hierarchy  When the laws speak of years,
follow: months, days or nights, it shall be
understood that years are of three
Correct answer: Either decision
hundred sixty five days each; months
of thirty days; days of sunset to
Item 36 sunrise.
 The advantage(s) of precedent would
[SUNSET TO SUNRISE]
be –
Correct answer: False, TWENTY-
Correct answer: all of the above
FOUR HOURS
Item 37 Item 43
 A precedent is:
 Which of the following gives the
Correct answer: where a decision of a correct meaning for stare decisis?
court in an original case establishes a
Correct answer: When a court makes
legal principle that may be applied to
a decision in a case then any courts
future cases
which are of EQUAL or LOWER status
to that court MUST follow that previous
Item 38 decision if the case before them is
 In computing a period, the first day 'similar' to that earlier case.
shall be excluded, and the last day
included. Item 44
[FIRST DAY]
 This states that where general words
Correct answer: True or phrases follow a number of specific
words or phrases, the general words
Item 39 are specifically construed as limited
 We interpret and apply the law in and apply only to persons or things of
consonance with justice. the same kind or class as those
[INTERPRET] expressly mentioned.
Correct answer: True Correct answer: Ejusdem generis

Item 40 Item 45
 Where a particular word is equally  Which of the following is the word
susceptible of various meanings, its used in introducing a proviso?
correct construction may be made Correct answer: Provided
specific by considering the company of
terms in which it is found or with which Item 46
it is associated.
 Article 8 of the Civil Code of the
[VARIOUS MEANINGS]
Philippines provides that, Judicial
decisions applying or interpreting the and one which should change the prior
laws or the Constitution shall form a law no further than may be necessary
part of the legal system of the to effectuate the specific purpose of
Philippines. _____ the act in question.
[JUDICIARY]
Correct answer: STARE DECISIS
Correct answer: False, LEGISLATIVE
Item 47
 The Court is not convinced that the Item 51
Framers simply failed to adjust the  We look to the language of the
aforesaid constitutional provision, by document itself in our search for its
sheer inadvertence, to their decision to meaning. We do not of course stop
shift to a bicameral form of legislature. there, but that is where we begin. It is
Even granting that there was, indeed, to be assumed that the words in which
such omission, this Court cannot constitutional provisions are couched
supply the same. A case omitted is to express the objective sought to be
be held as intentionally omitted, this attained. They are to be given their
Court cannot under its power of ordinary meaning except where
interpretation supply the omission technical terms are employed in which
even if the same may have resulted case the significance thus attached to
from inadvertence or it was not them prevails. (J.M. Tuason & Co., Inc.
foreseen or contemplated for to do so v. Land Tenure Administration) _____
would amount to judicial legislation.
Correct answer: VERBA LEGIS
(Umali v. JBC, G.R. No. 228628, 25
July 2017) _____
Item 52
Correct answer: CASUS OMISSUS  Extrinsic aids are resorted to after
exhausting all the available intrinsic
Item 48 aids and still there remain some
 Which maxim operates only if and ambiguity in the statute.
when the omission has been [EXTRINSIC AIDS]
clearlyestablished, and in such a case
Correct answer: True
what is omitted in the enumeration
may not, by construction, be included
therein. Item 53
 Presumption against implied repeals
Correct answer: Casus omissus states that the law should never be
interpreted in such a way as to cause
Item 49 injustice as this never within the
 The legislature is presumed to know legislative intent.
the meaning of the words, to have [PRESUMPTION AGAINST IMPLIED
used words advisely, and to have REPEALS]
expressed its intent by the use of such
Correct answer: False,
words as are found in the statute.
PRESUMPTION AGAINST
Correct answer: Verbal legis INJUSTICE

Item 50 Item 54
 In construing a doubtful or ambiguous  What is the doctrine of stare decisis?
statute, the Courts will presume that it
Correct answer: A doctrine of
was the intention of the judiciary to
precedent
enact a valid, sensible and just law,
Item 55
 Laws are presumed constitutional.
Correct answer: True

Item 56
 Which of the following statements
best describes the judicial act of
distinguishing a case?
Correct answer: Distinguishing occurs
when a court indicates that the
material facts of a previous case and
those of the instant case are different.

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