Case Terms

Question 1

Refers to an opinion written by an appellate judge or supreme court justice who DISAGREES with the majority opinion in a given case.

Answer 1

Dissenting opinion

Question 2

Is an opinion that AGREES with the majority opinion but does not agree with write rationale behind it.

Answer 2

Concurring opinion

Question 3

Is that part of a court decision which contains the judgement or resolution of the issues subject of the complaint or petition. It usually appears as the very last paragraph in a decision as in “ petition is hereby dismissed for lack of merit” or “ wherefore, the petition is granted” , or “ W e rule that the…”

Answer 3

Dispositive portion

Question 4

A fundamental to thep philippine legal system. In judicial decisions, the majority opinion represents the collective judgement of the court and is considered binding on lower courts. This principle ensures consistency and predictability in the application of the law.

Answer 4

Principle of majority rule

Question 5

The majority opinion decides that the petitioner and the people whom he represents have been illegally deprived of their rights, but that he and they are without a remedy

Answer 5

Damnum Absque Injuria ( Damage without injury)

Question 6

This is a right of appearance in a court of justice on a given question.

Answer 6

Standing

Question 7

This is the totality of powers a court exercises when it assumes jurisdiction and hears and decides a case

Answer 7

Judicial power

Question 8

This is the fundamental and indispensable requirement before judicial power may be exercised in view of the express constitutional command to only settle actual controversies and determine grave abuse of discretion.

Answer 8

Case or Controversy

Question 9

A third corollary element that is pertinent to both constitutional and non constitutional situations, regardless of whther the case reaches the court through the traditional mode or expanded mode.

Answer 9

Ripeness

Question 10

This is essential only in constitutional situation. this prevent the courts from passing upon the constitutionality of a governmental act unless the resolution of the question is unavoidably necessary to the decision of the case itself.

Answer 10

Lis Mota

Question 11

Actual existence of a statute, prior to such a determination of unconstitutionality is an? this also recognizes the possiblity that not all the effects and consequences of a void act prior to judicial declaration of invalidty may be obliterated or completely ignored. General rule, such that a judicial declaration of invalidity may not necessarily obliterated all the effects…

Answer 11

Operative Fact

Question 12

This refers to those questions which under the constitution that are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authoirty has been delegated to the legislature or executive branch of the government.

Answer 12

Political Question

Question 13

It is defined as the authority to hear and determine cases or the right to act in cases of the general class to which the proceedings in question belong.

Answer 13

Jurisdiction

Question 14

This is happening regularly over a period time or something thats is occuring, appearing, or recurring at regular intervals

Answer 14

Periodic

Question 15

This implies such an addition or change within the lines of the original instrument as will effect an improvement, or better carry out the purpose for which it was framed

Answer 15

Amendment

Question 16

This implies to the change that alters a basic principle in the constitution, like altering the principle of seperation of powers or the system of check and balances. We can also agree that this alters the substantial entirely of the constution, as when the change affects substantial provision of the constitution.

Answer 16

Revision

Question 16

Refers to a change that adds, reduces, or deletes without altering the basic principle involve.

Answer 16

Amendment

Question 17

Implies a reexamination of the whole law and a redraft without obligation to maintain the form, scheme, or structure of the old.

Answer 17

Revision

Question 18

This simply ask whether the proposed change is so extensive in its provisions as to change directly the substantial entirely of the constitution by the deletion or alteration of numerous existing provisions.

Answer 18

Quantitative test

Question 18

Continuance of the general plan and purpose of the law, with coreections to better accomplish its purpose.

Answer 18

Amendment

Question 19

Whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.

Answer 19

Qualitative test

• inquires into the quanti effects of the proposed change in the constitution.

Question 20

this involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial adjudication.

Answer 20

Actual Caase / Controversy

Question 20

This is a familiar law that when the text itself of a statute or a treaty is clear and unambiguous there is neither necessity nor propriety in resorting to the preamble or heading or eipigraphs of a section

Answer 20

Headnote

Question 21

Connotes a continuing and informed awareness on the part of a congressional committee regarding executive operations in a given administrative area.

Answer 21

Supervision

Question 21

This is a statutory provision requiring the president or an administrative agency to present the proposed implementing rules and regulations of a law to congress which, by itself or through a committee forby by it, retains a “ right or power to approve or dissapprove such regulation to take effect.

Answer 21

Legislative veto

Question 22

This is a passive process of looking at the facts that are readily available, it also involves a more intense digging of facts.

Answer 22

Congressional investigation

Question 23

Implies a lessenr intensity and continuity of attention to administrative operations. Its primary purpose is to determine economy and efficiency of the operation of government activities

Answer 23

Congressional Scrutiny

Question 24

This is vested in congress which consists of two chambers, the senate and the house of representatives

Answer 24

Legislative power.

Question 25

a signer who did not read the measure attached to a referendum petition cannot question his signature on the ground that he did not understand the nature of the act.

Answer 25

Corpus Juris Secundum

Question 26

When the initiative petition incorporates an unrelated subject matter in the same petition.

Answer 26

log rolling

Question 27

a legal term that refers to a prison sentence in the range of 12 year to 20 years. It is a penalty for certain crimes, such as kidnapping or aiding the enemy by providing notice or information.

Answer 27

Reclusion temporal

Question 28

This is the power with which courts are invested for administering justice, that is, for hearing and deciding cases

Answer 28

jurisdiction

Question 29

This is The reason of the law is the soul of the law. A statute must be read according to its spirit which must be present within the letter.

Answer 29

Spirit of the law

Question 30

It is a civil remedy taken to establish the status or right of party or y establish a particular fact

Answer 30

Special Proceedings

Question 31

It is a misbehavior committed in the presence of or so near a judge or court as to obstruct or interupt the proceeding before the judge or court

Answer 31

Contempt

Question 32

It is a special civil action directed against any tribunal, board or officer exercising judicial functions claiming that said bodies has acted without jurisdiction, in excess or grave abuse of it.

Answer 32

Certiorari

Question 33

It is a special civil action whereby a person claiming to be entitled to a public office or position files an action against a usurper challenging the authority of the latter in holding said public office or position

Answer 33

Quo Warranto

Question 34

Right of the state to take property in exchange for just compensation.

Answer 34

Eminent Domain

Question 35

It is a special civil action directed against any tribunal, corporation, board or person claiming that said tribunal, corporation, board or person has unlawfully neglected their performance of their responsibility.

Answer 35

Mandamus

Question 36

This is defined as a law that is unrestricted to a time, is applicable throughout the entire country, subject to the power of the legislature that enacted it, and applies to all persons in the same class.

Answer 36

general law

Question 37

This is dead in the construction of special law. , the special low prevails over this, as being an expression of legislative intent on a more specific matter.

Answer 37

general rule

Question 38

All of that applies to a particular place, or especially to a particular member or members of a class of persons or things in the same situation, but not to the entire class. It refers to a law which relates to particular persons or things of a class.

Answer 38

General law