Article 8 Judicial Department Flashcards
The authority to interpret the law is vested in the judicial branch of the government
Judicial power
The adjudicators power or duty of courts of justice to settle actual controversies involving rights
Judicial power
To settle actual controversies involving rights which are legally demandable and enforceable
Adjudicatory power
To pass upon the validity or constitutionality of the laws of the state and the acts of the other departments of the government
Power of judicial review
It includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt of
Incidental power
In the sense of being a creation of the constitution
Constitutional court
In the sense they are creation of law
They are referred to the lower courts in the constitution, meaning courts below that of the Supreme Court
Statutory court
Defined as the authority whereby a court can render a valid judgement.
Jurisdiction
When it is empowered to decide all disputes which may come before it except those assigned to other court
General
When it has authority to hear and determine only a few specified cases
Limited
When it can try and decide a case presented for the first time
Original
When it can take a case already heard and decide by a lower court removed from the latter by appeal
Appellate
When it can try and decide a case which cannot be presented before any other court
Exclusive
That which exist for the punishment of crime
Criminal
That which exist when the subject matter is not of a criminal nature
Civil