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Final Examination - December 18, 2020: University of Bohol College of Law Legal Research

The document contains a legal research final examination with thirteen sections covering topics such as the distinction between mandatory primary authority and persuasive mandatory authority, classifications of legal sources by authority, determining if statements about the Philippine legal system are true or false, types of Supreme Court decisions, requirements for filing with the University of the Philippines Law Center, how to look for intent of laws, the process for a bill to become a law, the distinction between treaties and executive agreements entered into by the Philippines, the hierarchy of Philippine courts, classifications of legal sources by source, impeachable officers and the grounds for their impeachment in the Philippines, and designations of Philippine laws enacted during different periods.
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0% found this document useful (0 votes)
19 views

Final Examination - December 18, 2020: University of Bohol College of Law Legal Research

The document contains a legal research final examination with thirteen sections covering topics such as the distinction between mandatory primary authority and persuasive mandatory authority, classifications of legal sources by authority, determining if statements about the Philippine legal system are true or false, types of Supreme Court decisions, requirements for filing with the University of the Philippines Law Center, how to look for intent of laws, the process for a bill to become a law, the distinction between treaties and executive agreements entered into by the Philippines, the hierarchy of Philippine courts, classifications of legal sources by source, impeachable officers and the grounds for their impeachment in the Philippines, and designations of Philippine laws enacted during different periods.
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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University of Bohol

College of Law

LEGAL RESEARCH
Final Examination | December 18, 2020

Discuss the distinctions between mandatory primary authority and


persuasive mandatory authority. Provide examples. (5 points)

II

What are the two classifications of legal sources by authority? Describe


each classification and provide examples. (5 points)

III

Determine if the statement is true or false. Write “True” if the


statement is correct; if not, revise the statement to make it correct. (25
points)

1. In case of conflict between the printed and electronic sources, the


printed version coming from the issuing government agency
prevails.

2. The general rule is that the secondary source of laws may be cited
even if the primary source is readily available.

3. In finding the law, our ultimate goal is to locate mandatory primary


authorities which have bearing on the legal problem at hand.

4. Primary sources of law are those published by journals.

5. Secondary sources of law are the unofficial sources or those


commercially published.

6. The decisions of the Court of Appeals are binding on lower courts.

7. Subordinate decisions are those made by courts of justice.

8. Statutes proper are rules issued by the heads of departments,


bureaus and other government agencies.

9. The Presidential Decrees issued by the late President Marcos during


the Martial Law may only be classified as executive acts.

10. The Philippines has a pure common law legal system.


11. Divorce is now recognized in the Philippines.

12. The Tydings-McDuffie Law allowed the establishment of a


Commonwealth government in the Philippines.

13. The 1945 Constitution was ratified by a special national


convention of the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(KALIBAPI).

14. The President of the Philippines is both the Chief of State and the
Commander-in-Chief of all the armed forces of the Philippines.

15. The President is not eligible for a re-election, while the Vice-
President cannot serve for more than two successive terms.

16. A senator may be elected for three consecutive terms.

17. The House of Representatives has the sole power to try and
decide all cases of impeachment.

18. The Philippine Judicial Academy’s principal function is to screen


prospective appointees to any judicial post.

19. The Anti-Graft Court is also known as the Office of the


Ombudsman.

20. Quasi-judicial agencies are administrative agencies properly


belonging to the Judicial Department.

21. The Judicial and Bar Council’s function is to appoint judges and
justices.

22. The Philippine Mediation Center should compel parties to enter


into a compromise agreement to end litigation.

23. Tagalog and Bisaya are the official languages for the purpose of
communication and instruction in the Philippines.

24. It is the executive branch which is involved in the impeachment


process.

25. The Office of the Ombudsman was created by the 1987


Constitution as an independent office for cases of violation of
human rights.

IV

Name the two types of Supreme Court decisions and describe each. (5
points)

V
Pursuant to the Administrative Code of 1987, what are required to be
filed with the University of the Philippines Law Center? What is/are the
effect/s of non-filing? (5 points)

VI

How do we look for the intent for the enactment of Republic Acts? And
when would there be a need to look for the intent of laws? (5 points)

VII

Discuss in detail the procedure on how a bill introduced in the House of


Representatives or Senate becomes a law. (10 points)

VIII

Discuss the distinction/s between treaties and executive agreements


entered into by the Philippines. (5 points)

IX

Draw a diagram showing the hierarchy of courts in the Philippines. (10


points)

What are the two classifications of legal sources by source (who


published the sources of law)? Describe each classification. (5 points)

XI

Who are the impeachable officers in the Philippines and what are the
grounds for their impeachment? (10 points)

XII

Does the declaration by the Supreme Court of the unconstitutionality


of a law amount to an encroachment of the powers of the legislative
department? Why or why not? (5 points)

XIII

Provide the corresponding designation of Philippine laws enacted at the


periods stated below: (5 points)

Dates Designation
1900-1935 1.
1935-1946 2.
1946-1972 3.
1972-1986 4.
1987-present 5.

Good luck!

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