Beruflich Dokumente
Kultur Dokumente
provides that the law shall cease to have effect after a specific date, unless further
legislative action is taken to extend the law.
The so-called “Presentment Clause” of Article I, Section 7 says that before a bill
passed by both houses of Congress can become law, it must be “presented to the
President of the Philippines.”.
Pocket veto’ whereby the President would simply refuse to act on the bill.
The line-item veto is a power granted to a chief executive to selectively veto certain
parts of a bill without vetoing the entire bill.
The legislative veto allows Congress to prevent a countervailing attempt by the
executive branch to implement a law in a manner contrary to the legislative intent.
The Origination Clause, sometimes called the Revenue Clause, this clause says that
all bills for raising revenue must start in the House of Representatives, but the Senate
may propose or concur with amendments as in the case of other bills.
Fallback law - effiectively creates a fallback of the original law minus its invalid
provisions or applications,
Theory of legal Indeterminacy - A given body of legal doctrine is said to be
"indeterminate" by demonstrating that every legal rule in that body of legaldoctrine is
opposed by a counterrule that can be used in a process of legalreasoning.
Binding precedent means a precedent or an existing law that courts are bound to
follow. Pro hac vice is a Latin term meaning "this time only"
Committee Report - For purposes of legislative history research, committee reports are
often the most important source for determining legislative intent.
“Animi sermo est” (speech is the index of intention) and “Verba legis non est
recedendum” (from the words of a statute there should be no departure)
Aequitas nunquam contravent legis – Equity never contravenes the law, or equity is
never applied against statutory rule or judicial procedure.
Intentionalism - the theory that a literary work should be judged in terms of the author's
intentions. Civil Code – Art. X
The void for vagueness doctrine is a constitutional rule. This rule requires that criminal
laws are so written that they explicitly and definitely state what conduct is punishable. ...
Second: The vagueness doctrine helps prevent arbitrary enforcement of the laws and
arbitrary prosecutions.
Qui haeret in litera, haeret in cortice. He who clings to the letter, sticks in the bark. He
who regards the mere words of an instrument cannot arrive at its meaning.
Purposivism is a theory of statutory interpretation that emphasizes the intent or
purpose of the drafters of the legislation or constitution, as reflected in the legislative
history. In other words, purposivism relies heavily on statutory purpose in interpreting it
Cessante Ratione Legis, Cessat Ipsa - The reason for a law ceasing, the law itself ceases.
Reading in- Where a court adds something to a statute to make it conform to the
constitution.
The mischief rule is one of three rules of statutory interpretation traditionally applied by
English courts. ... In applying the mischief rule, the court is essentially asking what part
of the law did the law not cover, but was meant to be rectified by Parliament in passing
the bill.
Falsa demonstratio non nocet cum de corpore constat is a legal maxim that means
a false description doesn't void a document if the intent is clear. It is sometimes used to
correct an obvious mistake.
Impossibilium Nulla Obligatio Est is a legal maxim, used in India, with the following
meaning: Impossibility is an excuse for the non-performance of an obligation.
Number and Gender. With respect to words used in this Plan, the singular form shall
include the plural form, the masculine gender shall include the feminine gender, etc., as
the context requires. Where the context requires, the singular shall include the plural,
the plural shall include the singular, and any gender shall include all other genders.
A grandfather clause (or grandfather policy) is a provision in which an old rule
continues to apply to some existing situations while a new rule will apply to all future
cases. Those exempt from the new rule are said to have grandfather rights or acquired
rights, or to have been grandfathered in.
Noscitur a sociis - "It is known from its associates. The meaning of a word is or may
be known from the accompanying words. Under the doctrine of noscitur a sociis, the
meaning of questionable words or phrases in a statute may be ascertained by reference
to the meaning of words or phrases associated with it.
Ejusdem or Eiusdem Generis Definition: Of the same kind or nature. A rule of
interpretation that where a class of things is followed by general wording that is not itself
expansive, the general wording is usually restricted things of the same type as the listed
items.
Reddendo Singula Singulis Law and Legal Definition. Reddendo singula singulisis
a Latin term that means by referring each to each; referring each phrase or expression
to its corresponding object. It is a rule of construction used typically in distributing
property.
expressio unius est exclusio alterius n. [New Latin, the explicit mention of one (thing)
is the exclusion of another] : a principle in statutory construction: when one or more
things of a class are expressly mentioned others of the same class are excluded.