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C-PSCL322 PSC32 2nd Sem ( 2023-2024 )

Asynchronous Activity March 2, 2024 EA3

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Question 1
_____ is the opposite of doctrine of necessary implication.

Response: Negative-opposite doctrine

Question 2
_____ words signify disassociation and independence of one thing from each other enumerated

Response: Disjunctive

Question 3
A _____ clause operates to except from the effect of the law what it provides or to save something which would
otherwise be lost.

Response: saving

Question 4
A word in plural may include the singular, and vice versa.The masculine, but not the feminine, includes all genders,
unless otherwise provided or implied in the context.

Response: True

Question 5
_____ words means “together with,” “joined with,” “along or together with,” “added to or linked to” used to
conjoin word with word, phrase with phrase, clause with clause.

Response: Conjunctive

Question 6
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Ubi lex non distinguit nec nos distinguire debemos means where the _____ does not distinguish, courts should not
distinguish.

Response: law

Question 7
A statute is passed as a whole and not in parts or sections and is animated by one general purpose and intent.
Hence, it should be construed as a harmonious _____.

Response: whole

Question 8
Explain the principle when the court may depart from the literal meaning of the law.

Response: In cases such as the Rufino Lopez versus the Court of Tax Appeals, the court has the authority to
deviate from the exact wording of a statute if it helps to fulfill the intent of the objectives of the legislature. The
ratio legis, or the spirit or intention of a statue prevails over the letter of it.

Question 9
_____ are clauses which exempts or removes something from the operation of a statute by express words.

Response: Exceptions

Question 10
"And/or" means the effect shall be given to both the conjunctive and disjunctive, that is taken according to the one
that will best effectuate the purpose intended by the legislature.

Response: True

Question 11
When a general word follows an enumeration of particular and specific words of the same class, the general word
is to be restricted to persons, things or cases of the same kind as those specifically mentioned.This is the rule on
_____.

Response: Ejusdem generis

Question 12
The doctrine of _____ explains that as a general rule, qualifying words restrict or modify only the words or phrases
to which they are immediately associated, not those that are distantly or remotely located.

Response: last antecedent

Question 13

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Explain the doctrine of necessary implications.

Response: In its simplest form, the doctrine of necessary implications means that what is stated in the law is
considered to be a part of it just as much as those that are expressed.

Question 14
Explain the principle when the court may depart from the literal meaning of the law.

Response: The court may depart from the literal meaning of the law when it helps to fulfill the intent and the
objectives of the policies. The Ratio legis can be enacted in cases that require so.

Question 15
_____ are commonly found at the end of a section, provision, and introduced by the following: "Provided"; "But
nothing herein".

Response: Provisos

Question 16
Statutes sometimes define particular words and phrases. In this case, the legislative _____ controls the meaning of
the word, irrespective of the ordinary or common meaning

Response: definition

Question 17
Give 5 main reasons why courts resort to contruction according to the spirit of the law (ratio legis). Briefly explain
each.

Response: 1. Because the law is vague

2. Because the provisions of the statues may have clerical errors that complicate two different clauses
3. To further enact the intention of the lawmakers
4. To avoid unintended outcomes
5. To apply the law appropriately and accurately

Question 18
MATCH the following:

Response: index animi sermo est => speech is the index of intention

Response: verba legis non est recedendum => from the words of the statute there should be no departure

Response: dura lex sed lex => the law may be harsh, but it is still the law

Response: hoc quidem perquam durum est, sed ital ex scripta est => it is exceedingly hard but so the law is written

Question 19
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Ejusdem generis requires the following:

Response: Enumeration of particular and specific words, followed by a general word

Response: The specific words constitute a class or of the same kind

Response: Enumeration is not exhaustive or be an example

Response: No indication of legislative intent to give the general words or phrases a broader meaning

Question 20
What is not clearly provided in the law may be extended to those matters outside its scope.

Response: False

Question 21
The maxim " dura lex sed lex " means the law may be _____, but it is still the law.

Response: harsh

Question 22
If a word in a statute has both restricted and general meaning, the _____ word must prevail over the restricted
unless the nature of the subject matter or the context in which it is employed clearly indicates that the limited sense
is intended

Response: general

Question 23
Which of the following are correct?

Response: Between special statute and general statute, the special must prevail since it evinces the legislative
intent more clearly than that of a general statute and must be taken as intended to constitute an exception to the
general act

Response: It is a presumption that laws are consistent with each other. Whenever a legislature enacts a law, it has
in mind the previous statutes relating to the same subject matter, and in the absence of any express repeal or
amendment, the new statute is deemed enacted in accord with the legislative policy embodied in those prior
statutes.

Response: Reference statutes are recognized as an approved method of legislation in the absence of constitutional
restrictions.

Question 24
The doctrine of necessary implications is applied or used in the following:

Response: Remedy implied from a right

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Response: Grant of jurisdiction

Response: Grant of power

Question 25
In associated words, the rule on _____ is applied when the law does not define a word, it will be construed as
having a meaning similar to that of words associated or accompanied by it.

Response: Noscitur a sociis

Question 26
Casus omissus pro omisso habendus est

Casus omissus pro omisso habendus est explains that a person, object or thing omitted from an _____ must be held
to have been omitted intentionally.

Response: enumeration

Question 27
If the law is clear and free from doubt, it is the sworn duty of the court to apply it without fear or favor, to follow
its mandate, and not to tamper with it.

Response: True

Question 28
Expressio unius est exclusio alterius is the express mention of one person, thing or consequence implies the
exclusion of all the others. This is also known as _____ doctrine.

Response: Negative-opposite

Question 29
Where a word, phrase or clause in a statute is devoid of meaning in relation to the context or intent of the statute, or
where it suggests a meaning that nullifies the statute or renders it without sense, these may be rejected as _____
and entirely ignored.

Response: surplusage

Question 30
There is a presumption that lawmakers employed words in their _____ and common use and acceptation. Since the
Court should not presume that the lawmaking body does not know the meaning of the words and the rules of
grammar.

Response: ordinary

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Question 31
A statute may therefore be extended to cases not within the literal meaning of its terms, so long as they come
within its spirit or _____.

Response: intent

Question 32
The Doctrine of pari delicto explains that no man can be allowed to found a claim upon his own wrongdoing or
inequity.

Response: True

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