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The union questioned the Secretary’s assumption of jurisdiction over the labor dispute between
the union and the company on the ground that the “Secretary erred in assuming jurisdiction
over the ‘CBA’ case when d by private respondent, a signing bonus may not be
demanded as a matter of right. If it is not agreed upon by the parties or
unilaterally offered as an additional incentive by private respondent, the
condition for awarding it must be duly satisfied. In the present case, the
condition sine qua non for its grant — a non-strike — was not complied
with. In fact, private respondent categorically sated in its counter-proposal —
to the exclusion of those agreed upon before — that the new CBA would
constitute the only agreement between the parties.
Tabangao Shell Refinery Employees Assoc. vs. Pilipinas Shell, GR No. 170007, April 7,
2014.
FACTS:
of punishment should be permitted.
4Analytic jurisprudence
o 4.1Historical school
o 4.2Sociological jurisprudence
o 4.3Legal positivism
4.3.1Thomas Hobbes
4.3.2Bentham and Austin
4.3.3Hans Kelsen
4.3.4HLA Hart
4.3.5Joseph Raz
o 4.4Legal realism
o 4.5Critical legal studies
o 4.6Critical rationalism
o 4.7Legal interpretivism
o 4.8Therapeutic jurisprudence
5Normative jurisprudence
o 5.1Virtue jurisprudence
o 5.2Deontology
o 5.3Utilitarianism
o 5.4John Rawls
6See also
7Notes
8References
9Further reading
10External links
Ety
\ ˈkās \
Definition of case
(Entry 1 of 3)
1a: a set of circumstances or conditionsis the statement true in all
three cases
b(1): a situation requiring investigation or action (as by the police)Her
disappearance is a case for the police.
(2): the object of investigation or considerationThe child's case was turned
over to state authorities.
2: 2History
3Natural law
o 3.1Aristotle
o 3.2Thomas Aquinas
o 3.3School of Salamanca
o 3.4Lon Fuller
o 3.5John Finnis
4Analytic jurisprudence
o 4.1Historical school
o 4.2Sociological jurisprudence
o 4.3Legal positivism
9Further reading
10External links
Etymology[edit]
The English word is sine qua non for its grant — a non-strike — was not
complied with. In fact, private respondent categorically sated in its counter-
proposal — to the exclusion of those agreed upon before — that the new CBA
would constitute the only agreement between the parties.
Tabangao Shell Refinery Employees Assoc. vs. Pilipinas Shell, GR No. 170007, April 7,
2014.
FACTS:
On the parties’ 41st meeting, the company proposed the declaration of a deadlock and
recommended that the help of a third party be sought. The union filed a Notice of Strike in the
NCMB, alleging bad faith bargaining on the part of the company. The NCMB immediately
summoned the parties for the mandatory conciliation-mediation proceedings but the parties
failed to reach an amicable settlement. The DOLE-Sec assumed jurisdiction over the dispute of
the parties. The Secretary ruled that the company is not guilty of bargaining in bad faith and
also proceeded to decide on the matter of the wage increase and other economic issues of the
new CBA.
The union questioned the Secretary’s assumption o loped distinctive approaches to sociological
jurisprudence. In Australia, Julius Stone strongly defended and developed Pound's ideas. In the
1930s, a significant split between the sociological jurists and the American legal realists emerged. In
the second half of
absolute authority vested in a monarch, whose subjects obeyed
earlier.
History[edit]
Ancient Indian jurisprudence is mentioned in various Dharmaśāstra texts, starting with the
Dharmasutra of Bhodhayana.[8]
In Ancient China, the Daoists, Confucians, and Legalists all had competing theories of
jurisprudence.[9]
Jurisprudence in Ancient Rome had its origins with the (periti)—experts in the jus mos
maiorum (traditional law), a body of oral laws and customs.
Praetors established a working body of laws by judging whether or not singular cases were capable
of being prosecuted either by the edicta, the annual pronunciation of prosecutable offense, or in
extraordinary situations, additions made to the edicta. An iudex would then prescribe a remedy
according to the facts of the case.
The sentences of the iudex were supposed to be simple interpretations of the traditional customs,
but—apart from considering what traditional customs applied in each case—soo
tions of law are accessible through reason, and it is from these laws of nature that human laws gain
whatever force they have.[3] Analytic jurisprudence (Clarificatory jurisprudence) rejects natural law's
fusing of what law is and what it ought to be. It espouses the use of a neutral point of view and
descriptive language when referring to aspects of legal systems.[4] It encompasses such theories of
jurisprudence as "legal positivism", which holds that there is no necessary connection between law
and morality and that 2History
3Natural law
o 3.1Aristotle
o 3.2Thomas Aquinas
o 3.3School of Salamanca
o 3.4Lon Fuller
o 3.5John Finnis
4Analytic jurisprudence
o 4.1Historical school
o 4.2Sociological jurisprudence
o 4.3Legal positivism
4.3.1Thomas Hobbes
4.3.2Bentham and Austin
4.3.3Hans Kelsen
4.3.4HLA Hart
4.3.5Joseph Raz
o 4.4Legal realism
o 4.5Critical legal studies
o 4.6Critical rationalism
o 4.7Legal interpretivism
o 4.8Therapeutic jurisprudence
5Normative jurisprudence
o 5.1Virtue jurisprudence
o 5.2Deontology
o 5.3Utilitarianism
o 5.4John Rawls
6See also
7Notes
8References
9Further reading
10External links
Etymology[edit]
The English word is derived from the Latin, iurisprudentia.[6] Juris is the genitive form of jus meaning
law, and prudentia meaning prudence (also: discretion, foresight, forethought, circumspection). It
refers to the exercise of good judgment, common sense, and caution, especially in the conduct of
practical matters. The word first appeared in written English[7] in 1628, at a time when the
word prudence meant knowledge of, or skill in, a matter. It may have entered English via the
French jurisprudence, which appeared earlier.
History[edit]
Ancient Indian jurisprudence is mentioned in various Dharmaśāstra texts, starting with the
Dharmasutra of Bhodhayana.[8]
In Ancient China, the
which holds that there is no necessary connection between law and morality and that the force of
law comes from basic social facts;[5] and "legal realism", which argues that the real-world practice of
law determines what law is, the law having the force that it does because of what legislators,
lawyers, and judges do with it. Normative jurisprudence is concerned with "evaluative" theories of
law. It deals with what the goal or purpose of law is, or what moral or political theories provide a
foundation for the law. It not only addresses the question "What is law?", but also tries to determine
what the proper function of law should be, or what sorts of acts should be subject to legal sanctions,
and what sorts of punishment should be permitted.
Contents
1Etymology
2History
3Natural law
o 3.1Aristotle
o 3.2Thomas Aquinas
4.3.1Thomas Hobbes
4.3.2Bentham and Austin
4.3.3Hans Kelsen
4.3.4HLA Hart
4.3.5Joseph Raz
o 4.4Legal realism
o 4.5Critical legal studies
o 4.6Critical rationalism
o 4.7Legal interpretivism
o 4.8Therapeutic jurisprudence
5Normative jurisprudence
o 5.1Virtue jurisprudence
o 5.2Deontology
o 5.3Utilitarianism
o 5.4John Rawls
6See also
7Notes
8References
9Further reading
10External links
Etymology[edit]
The English word is derived from the Latin, iurisprudentia.[6] Juris is the genitive form of jus meaning
law, and prudentia meaning prudence (also: discretion, foresight, forethought, circumspection). It
refers to the exercise of good judgment, common sense, and caution, especially in the conduct of
practical matters. The word first appeared in written English[7] in 1628, at a time when the
word prudence meant knowledge of, or skill in, a matter. It may have entered English via the
French jurisprudence, which appeared earlier.
History[edit]
Ancient Indian jurisprudence is mentioned in various Dharmaśāstra texts, starting with the
Dharmasutra of Bhodhayana.[8]
In Ancient China, the Daoists, Confucians, and Legalists all had competing theories of
jurisprudence.[9]
Jurisprudence in Ancient Rome had its origins with the (periti)—experts in the jus mos
maiorum (traditional law), a body of oral laws and customs.
Praetors established a working body of laws by judging whether or not singular cases were capable
of being prosecuted either by the edicta, the annual pronunciation of prosecutable offense, or in
extraordinary situations, additions made to the edicta. An iudex would then prescribe a remedy
according to the facts of the case.
The sentences of the iudex were supposed to be simple interpretations of the traditional customs,
but—apart from considering what traditional customs applied in each case—soo
ll]
a: an inflectional form of a noun, pronoun, or adjective indicating its
grammatical relation to other wordsthe possessive case
b: such a relation whether indicated by inflection or not
4: what actually exists or happens : FACTthought he had failed, but that
wasn't the case
5a: a suit or action in law or equitya criminal casea civil case
b(1): the evidence supporting a conclusion or judgment
(2): ARGUMENTespecially : a convincing argumentmakes a good case for
adopting the proposal
6a: an instance of disease or injurya case of pneumoniaalso : PATIENTDr.
Berg's cases
b: an instance that directs attention to a situation or exhibits it in
action : EXAMPLE
c: a peculiar person : CHARACTERThe gangsters were hard cases.
7: oneself considered as an object of harassment or criticismget off my case
in any case
: without regard to or in spite of other considerations : whatever else is done
or is the casewar is inevitable in any casein any case the report will be made
public next month
in case
: as a precautiontook an umbrella, just in case
in case of
: in the event ofin case of trouble, yell
case
noun (2)
Definition of case (Entry 2 of 3)
1a: a box or receptacle for holding somethinga display case in a museum
b: a box together with its contentsa case of beer
c: SETspecifically : PAIRa case of pistols
2a: an outer covering or housinga pastry case
b: a tube into which the components of a round of ammunition are loaded
3: a divided tray for holding printing type
4: the frame of a door or window : CASING
case
verb
cased; casing
Definition of case (Entry 3 of 3)
transitive verb
1: to enclose in or cover with or as if with a case : ENCASEcased his coin
collection
2: to line (something, such as a well) with supporting material (such as metal
pipe) armor,
capsule,
casing,
cocoon,
cover,
covering,
encasement,
housing,
hull,
husk,
jacket,
pod,
sheath,
shell
patient
Visit the Thesaurus for More
Choose the Right Synonym for case
Noun (1)
Noun (2)
Verb
Middle English cas, from Anglo-French, from Latin casus fall, chance,
from cadere to fall — more at CHANCE
Noun (2)
Middle English cas, from Anglo-French case, chase, from Latin capsa chest,
case, probably from capere to take — more at HEAVE ENTRY 1
Keep scrolling for more
case
noun
Legal Definition of case
(Entry 1 of 2)
1a: a civil or criminal suit or actionthe judicial power shall extend to
all cases, in law and equity, arising under this Constitution— U.S.
Constitution art. III— see also CONTROVERSY, SMALL TAX CASE
— case at bar
: a case being considered by the courtthe facts of the case at bar
— case of first impression
: a case that presents an issue or question never before decided or
considered by the court
— companion case
: a case that is heard with another case because it involves similar or related
questions of law
— test case
1: a representative case whose outcome will serve as precedent for future
cases and especially for pending cases involving similar or related issues or
circumstances and often some of the same parties
NOTE: A test case is selected from a number of cases in order to avoid a
flood of litigation. All of the parties to the cases must agree to accept the
outcome of the test case as binding.
2: a proceeding usually in the form of a suit for injunction brought to obtain a
decision as to the constitutionality of a statute
b: the reported facts, procedural history, and especially decision in an action
— landmark case
: a case that marks a significant turning point on a particular issue
— leading case
: a case so well reasoned and important in the rules of law determined and
in the principles declared that it becomes well-known and is frequently cited
by courts and lawyers as settling the points of law ruled upon and as useful
in resolving new questions of law
c: the evidence and arguments presented by a party in court— see
also CASE STATED
— case in chief
: the main part of a party's case including arguments for which the party
bears the burden of proof but not including rebuttal
— prima facie case
: a case established by evidence that is sufficient to raise a presumption of
fact or establish the fact in question unless rebutted
2: TRESPASS ON THE CASE at trespass
case
transitive verb
cased; casing
Legal Definition of case (Entry 2 of 2)
: to inspect or study with intent to robcasing a store
History and Etymology for case
Noun
gustatory
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