NAME: LOUIE ANNE R. LIM.

SECTION: BSAIS102A DATE: MARCH 19, 2022

PRELIMINARY EXAMINATIONS: ESSAY TYPE. PLEASE WATCH YOUR GRAMMAR AND SPELLING.

1. Give and explain one basic difference between CRIMINAL and CIVIL LAW.

- One can say that criminal law deals with looking after public interests. It involves punishing and rehabilitating
offenders, and protecting the society. The police and prosecutor are hired by the government to put the criminal
law into effect. Public funds are used to pay for these services. If suppose you are the victim of the crime, you
report it to the police and then it is their duty to investigate the matter and find the suspect. In most cases, if a
charge has been properly presented and if there is evidence supporting it, the Government, not the person who
complains of the incident, prosecutes it in the courts. This is called a system of public prosecutions. On the other
hand, civil law is about private disputes between individuals or between an individual and an organization or
between organizations. Civil law deals with the harm, loss, or injury to one party or the other. A defendant in a
civil case is found liable or not liable for damages, while in a criminal case defendant may be found guilty or not.
One of the notable differences between civil law and criminal law is the punishment. In case of criminal law a
person found guilty is punished by incarceration in a prison, a fine, or in some occasion's death penalty. Whereas,
in case of civil law the losing party has to reimburse the plaintiff, the amount of loss which is determined by the
judge and is called punitive damage. A criminal litigation is more serious than civil litigation in that criminal
defendants have more rights and protections than a civil defendant.

2. In your own opinion, what are the basic differences between DIVINE LAW AND NATURAL LAW and HOW
ARE THEY DIFFERENT FROM MORAL LAW? PLEASE DO NOT DEFINE BUT RATHER EXPLAIN THE
DIFFERENCES.

- I presume by “Natural Laws” you are referring to the laws which cause our physical earth and the universe to
behave in consistent and inviolate ways so that life can exist as we know it. If that is correct, then those laws are
also governed and administered by Divine governance and are therefore Divine laws as well. But to say a natural
law is inviolate flies in the face of historic progress in our knowledge. For example, the natural law of gravity was
thought for millenniums to mean that nothing heavier than air could fly (birds seemed to be a miraculous
exception). But other laws were finally discovered which now enable multi-ton aircraft to fly all over the world.
Likewise man‟s flight to the moon or other planets were considered absolutely impossible in the time of my
youth. But other “Natural Laws” have now been discovered which allow us to send very complex vehicles into
space and likewise miraculously transmit all kinds of information, including clear pictures, of what can be seen.
Likewise marvelous discoveries in many more technologies provide evidence that things that we thought were
impossible are now available for nearly everyone on earth to know and to benefit from. From these advances in
knowledge we should be able to deduce that even natural laws are governed by other laws and thus susceptible of
exception. Thus for anyone to call a Divine law a myth is a statement of myth itself.

Divine law is made by people who invented „ GOD‟ ; to make themselves believe it and others to follow them.
Anyone can invent a „GOD‟ and make a divine law. There are a large number of divine laws creating confusion
among the people.

Natural law theory protects against unjust laws by maintaining a harmony of law with morality. Morality is an
indispensable component of justice. Immoral laws are unjust, and unjust laws inevitably become instruments of
oppression and despotism. Laws must therefore act in harmony with moral precepts.
3. WHY IS THE CONSTITUTION CONSIDERED THE HIGHEST LAW OF THE LAND? EXPLAIN
COMPREHENSIVELY.

- Well, As we all know that the Constitution of any country is the supreme and fundamental law of the land. Any
act contradicted with the constitution will ipso facto be void. The Constitution is a document that includes
guidelines for the government, protects the fundamental rights of a citizen, and encapsulates society‟s aspirational
goals.

The constitution is known as the supreme law of the land because no central, state or local government can
intervene with the rights, duties, privileges, laws, and regulations as mentioned in the Constitution. The
constitution is the source of law. All laws passed will have to articulate and comply with the required principle set
out in the Constitution. No legislation can make a law and no government agency can act contrary to the
constitution. The Constitution coordinates the whole government process in the country. The judiciary is
obligated to see that the provisions of the constitution are not violated by any government organ.

Hence, The constitution is the main source of all law, no can the law be enacted, implemented being contradicted
with the Constitution. Constitution is the fundamental and Supreme Law. If any act is done against the
constitution, it shall ipso facto be void or null.

4. WHAT SEEMS TO BE THE PROBLEM WITH SOME MEN THAT THEY CANNOT ADHERE TO THE
PROPER REQUIREMENTS OF THE LAW? WHAT DOES IT TAKE FOR A MAN TO BE COMPLIANT
WITH THE LAWS OF THE LAND? WHAT IS LACKING?

- Problems with the social contract theory include that, giving government too much power to make laws under the
guise of protecting the public. Specifically, governments may use the cloak of the social contract to invoke the
fear of a state of nature to warrant laws that are intrusive.

5. EXPLAIN AND ILLUSTRATE THE REQUISITES FOR A CONTRACT TO BE VALID.

- The requisites of a valid contract are the elements or details it must possess in order to be enforceable under the
law. Contracts are a normal part of the everyday business world, and they're agreements that are legally
enforceable. All agreements are considered to be contracts as long as they are made with the requisites in place,
such as freely consenting parties who are competent to form a legal contract, for legal purposes.

6. EXPLAIN THE DIFFERENCE BETWEEN QUASI-CONTRACT AND QUASI-DELICT.

- A contract is an agreement between two or more parties, which is enforceable by law. The contracts made
between competent parties, having lawful consideration and object are called valid contracts or legitimate
contracts while The word „Quasi‟ literally means pseudo or false. So a Quasi-contract is a pseudo contract which
means that it is not a contract technically but resembles to be one. “Nemo debet locupletari ex aliena jactura” is a
Latin Maxim which means, nobody should be benefited at the cost of another, or nobody should be enriched at the
cost of another‟s loss. The Quasi-contracts have arisen from this maxim.
7. ILLUSTRATE THE DIFFERENCE BETWEEN A SPECIFIC (DETERMINATE) THING AND A GENERIC
(INDETERMINATE) THING.

- A thing could be considered specific or determinate if it has a distinctive attribute that segregates it from the rest
of its class. An example of this is a Mercedes Benz car model 2000 with a plate no. AAC 2431. When it comes to
determinate things, the obligor couldn‟t substitute it with another even though it's of the same kind and quality
unless the obligor would seek consent from the obligee. However, generic or indeterminate things are identified
only by their kind or species. It is something not particularized or specified but it has a reference to a class. When
an obligor is bound to give a car, he/she can give anything of the same class as long as it is the same kind.

8. EXPLAIN THE DIFFEENCE BETWEEN

a. FRAUD AND NEGLIGENCE.

- Fraud is the intentional deception of a person or entity by another made for monetary or personal gain. Also, fraud
is the deliberate or intentional evasion by the debtor to perform his obligation on a normal way. Fraud when,
through insidious words or machinations of one of the contracting parties, the other is induced to enter into a
contract which, without them, he would not have agreed to. While negligence is a failure to behave with the level
of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior
usually consists of actions, but can also consist of omissions when there is some duty to act. Negligence consists
in the omission of that diligence which is required by the nature of the obligation and corresponds with the
circumstances of the persons, of the time and of the place.

b. GROSS AND SIMPLE NEGLIGENCE.

- Negligence is the failure to use the level of care and caution that an ordinary person would use in similar
circumstances. It often involves a careless mistake or inattention that causes an injury.
- Gross negligence on the other hand is the deliberate and reckless disregard for the safety and reasonable treatment
of others. In both cases, the fundamental disregard for responsibility must directly cause harm to another person,
another person‟s property, or both.

9. EXPLAIN AND ILLUSTRATE WHY AND WHEN DEMAND IS NOT NECESSARY TO PLACE THE
DEBTOR IN DELAY.

(1) When the obligation or the law expressly so declares; or

(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when
the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the
contract
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform

10. WHAT IS THE EFFECT OF FORTUITOUS EVENT IN THE DISCHARGE OF OBLIGATIONS AND
CONTRACTS?

- Louisiana law applies the concept of “force majeure” or “act of God” in the context of a fortuitous event that
renders performance on a contract impossible. Though Louisiana law provides this safety net for obligors, it is not
absolute. While some contracts may be rendered impossible by the occurrence of an event that causes damage that
was not expected and that could not have been anticipated, there are still limits on this right. If an obligor can
perform, though it may be more economically difficult or burdensome than initially expected, it will likely not be
considered “impossible” under the Civil Code such that the obligation to perform is nullified. In short, just
because it is more difficult to perform does not mean that it is impossible to perform. Where it is simply more
difficult, the obligation to perform likely persists in the wake of an unexpected event.