JUSTINE NICOLE T. BORROMEO
It addresses issues such as
BSN 4-A
Law
- Sum total of rules, and regulations by which
society is governed.
- A rule of civil conduct prescribed by the
supreme power in a state commanding what is
right and prohibiting what is wrong.
Types of Laws
1. Criminal Law: deals with offenses against the
state or public. It defines crimes and
prescribes punishments for individuals who
commit unlawful acts, such as theft, assault, or
murder.
2. Civil Law: pertains to disputes between
individuals or entities, such as contract
disputes, property issues, and family matters.
The goal is to compensate the injured party
rather than to punish the wrongdoer.
3. Constitutional Law: involves the
interpretation and application of a country's
constitution. It defines the structure of
government, the allocation of powers, and the
protection of individual rights.
4. Administrative Law: governs the actions of
government agencies. It deals with the
creation, operation, and decision-making
processes of administrative agencies.
5. International Law: encompasses the legal
relationships between sovereign states and
international organizations. It includes treaties,
conventions, and customary practices that
govern interactions between nations.
6. Contract Law: focuses on agreements
between individuals or entities. It defines the
elements of a valid contract, the parties'
obligations, and the remedies for breaches of
contract.
7. Tort Law: addresses civil wrongs that cause
harm to individuals or their property. It covers a
wide range of issues, including negligence,
defamation, and intentional harm.
8. Family Law: deals with legal matters related
to family relationships, such as marriage,
divorce, child custody, adoption, and spousal
support.
9. Property Law:governs the ownership and use
of real and personal property. It includes
issues related to buying, selling, renting, and
inheriting property.
10. Labor and Employment Law: regulates the
relationship between employers and
employees. It covers issues such as
employment contracts, workplace
discrimination, and labor union activities.
11. Environmental Law: focuses on the
protection of the environment and natural
resources.
pollution control, conservation, and sustainable
development.
12. Intellectual Property Law: protects creations
of the mind, such as inventions, literary and
artistic works, trademarks, and trade secrets.
13. Health Law: deals with legal issues in the
healthcare industry, including patient rights,
medical ethics, and the regulation of
healthcare providers.
Classification of Laws
Public Law vs. Private Law:
● Public Law: Governs the relationship
between individuals and the state. It
includes constitutional law,
administrative law, and criminal law.
● Private Law: Concerns the
relationships between individuals or
entities. It includes civil law, contract
law, and tort law.
Criminal Law vs. Civil Law:
● Criminal Law: Deals with offenses
against the state or public and
involves the prosecution of individuals
by the government for criminal acts.
● Civil Law: Involves disputes between
private parties and seeks to
compensate the injured party rather
than punish the wrongdoer.
Substantive Law vs. Procedural Law:
● Substantive Law: Defines the rights
and duties of individuals, such as
criminal law or contract law.
● Procedural Law: Outlines the methods
and processes used to enforce
substantive law, including rules of
evidence and court procedures.
International Law vs. Domestic Law:
● International Law: Governs
relationships between
sovereign states and
international organizations.
● Domestic Law: Applies within the
borders of a specific country.
Common Law vs. Civil Law:
● Common Law: Derived from judicial
decisions and precedents. It is often
associated with countries like the
 United States and the United
Kingdom.
● Civil Law: Based on codified statutes
and comprehensive legal codes.
Commonly found in continental
Europe and many parts of Latin
America.
Equity Law vs. Common Law:
● Equity Law: Originates from principles
of fairness and justice. Historically, it
operated alongside common law to
provide remedies where common law
fell short.
● Common Law (see above): Developed
through judicial decisions and
precedents.
National Law vs. State/Local Law:
● National Law: Enacted at the federal
Common types of torts include:
level and applies to the entire country.
● State/Local Law: Enacted by individual
states or local jurisdictions and applies
within their specific boundaries.
Civil Rights Law vs. Criminal Rights Law:
● Civil Rights Law: Focuses on
protecting individuals from
discrimination and ensuring equal
rights.
● Criminal Rights Law: Pertains to the
rights of individuals accused of crimes,
including rights during arrest, trial, and
imprisonment.
Statutory Law vs. Case Law:
● Statutory Law: Laws enacted by
legislative bodies, such as statutes
and regulations.
● Case Law: Laws created through court
decisions and precedents.
TORT
- A tort is an act or omission that causes legally
cognizable harm to persons or property.
TORT LAW
- Tort law is a branch of civil law that deals with
civil wrongs or injuries, other than a breach of
contract, that lead to harm or loss and result in
legal liability. The purpose of tort law is to
compensate the injured party (the plaintiff) for
the harm caused by the actions or omissions
of another party (the defendant). Unlike
criminal law, which involves offenses against
the state, tort law involves actions between
private individuals or entities.
Key elements of tort law include:
1. Duty of Care: The defendant must owe a duty
of care to the plaintiff. This duty is often based
on the relationship between the parties or the
circumstances of the situation.
2. Breach of Duty: The defendant must breach
the duty of care owed to the plaintiff. This
breach could involve a failure to act reasonably
or the commission of a negligent act.
3. Causation: There must be a direct link
between the defendant's actions (or inaction)
and the harm suffered by the plaintiff. The
plaintiff must show that the defendant's
conduct was a substantial factor in causing the
injury.
4. Damages: The plaintiff must have suffered
actual harm, whether it be physical injury,
emotional distress, property damage, or
financial loss. Damages are typically awarded
to compensate the injured party.
1. Negligence: Negligence occurs when a
person fails to exercise the level of care that a
reasonable person would have exercised in
similar circumstances, leading to harm. Car
accidents, medical malpractice, and slip-and-
fall cases are examples of negligence.
2. Intentional Torts: These involve intentional
actions that cause harm. Examples include
assault, battery, false imprisonment, and
defamation.
3. Strict Liability: In certain situations, a party
may be held liable for harm regardless of fault
or intent. For example, in cases of product
liability, a manufacturer may be held strictly
liable for defects in their products.
4. Nuisance: Nuisance torts involve interference
with a person's use and enjoyment of their
property, such as through noise, pollution, or
other disturbances.
Trespass: Trespass occurs when someone
unlawfully enters another person's property,
causing harm or interference.
Importance of Law
1. Order and Stability: Law provides a
framework for maintaining order and stability
within society. It establishes rules and
standards of behavior that help prevent chaos
and maintain a level of predictability in
people's interactions.
2. Protection of Rights and Freedoms: Laws
are designed to protect the rights and
freedoms of individuals. They outline the rights
of citizens, set limits on government power,
 and establish mechanisms for redress when
those rights are violated.
3. Justice and Fairness: The legal system is a
mechanism for ensuring justice and fairness.
Laws provide a structure for resolving
disputes, punishing wrongdoing, and
protecting the innocent. They contribute to the
concept that all individuals should be treated
fairly and equally.
4. Promotion of Public Safety: Laws, especially
criminal laws, are enacted to protect the public
from harm. They deter criminal behavior
through the threat of punishment and provide a
means of holding individuals accountable for
actions that endanger others.
5. Conflict Resolution: Legal systems provide
mechanisms for resolving conflicts between
individuals, organizations, and the state.
Courts, mediation, and arbitration help parties
settle disputes in a structured and impartial
manner.
6. Facilitation of Economic Transactions:
Commercial laws provide a legal framework for
economic activities. Contract law, property law,
and business regulations facilitate
transactions, protect property rights, and
contribute to the functioning of markets.
7. Social Cohesion: Laws contribute to social
cohesion by establishing a common set of
rules and norms that bind individuals together.
They provide a basis for shared values and
expectations, fostering a sense of community.
8. Regulation of Behavior: Laws regulate
various aspects of behavior, ranging from
criminal activities to professional conduct. This
regulation helps ensure that individuals and
organizations adhere to ethical standards and
contribute positively to society.
9. Protection of Vulnerable Populations: Laws
often include provisions to protect vulnerable
populations, such as children, the elderly, and
individuals with disabilities. These legal
safeguards aim to prevent exploitation and
ensure the well-being of those who may be at
a higher risk of harm.
10. Social Progress and Change: Laws can be
instrumental in driving social progress and
change. They can be used to address and
rectify historical injustices, promote equality,
and adapt to evolving societal norms.