What does “ratio legis” mean?
Reason of the Law
A felony is _________ when when all the elements necessary for its execution and accomplishment are present.
A felony is consummated when all the elements necessary for its execution and accomplishment are present.
What does GADALEJ mean?
Grave Abuse of Discretion Amounting to Lack or Excess of Jurisdiction.
True or False
“verba legis” means verbal laws.
FALSE
“verba legis” means the literal words of the law.
TRUE or FALSE
An insane or imbecile person is exempted from criminal liability, even though he acted during lucid interval.
FALSE
An insane or imbecile person is exempted from criminal liability, unless he acted during lucid interval.
TRUE or FALSE
RULE 45 of the Rules of Court is about Appeal by Certiorari to the Supreme Court.
TRUE
TRUE OR FALSE
Special Laws prevail over General Laws.
TRUE
A penalty of twenty years and one day to forty years.
A. Reclusion Temporal
B. Prision Correctional
C. Reclusion Perpetua
C. Reclusion Perpetua
What is a pleading that alleges the plaintiff’s or claiming party’s cause or causes of action?
Complaint
Penal Laws must be construed liberally _________ of the accused.
Penal Laws must be construed liberally in favor of the accused.
Provide the missing requisite for Self-defense:
1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. _______________________________________
3. Lack of sufficient provocation in the part of the person defending himself.
What are the 2 kinds of subpoena?
1. Subpoena duces tecum;
2. Subpoena Ad Testificandum
Statutory Construction is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful.
Who are the 3 persons criminally liable for felonies?
1. Principal
2. Accomplice
3. Accessories
An appeal to the Supreme Court may be taken only by a _________ for __________ on certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.
An appeal to the Supreme Court may be taken only by a petition for review on certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.