Case Terms Flashcards
Refers to an opinion written by an appellate judge or supreme court justice who DISAGREES with the majority opinion in a given case.
Dissenting opinion
Is an opinion that AGREES with the majority opinion but does not agree with write rationale behind it.
Concurring opinion
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…”
Dispositive portion
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.
Principle of majority rule
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
Damnum Absque Injuria ( Damage without injury)
This is a right of appearance in a court of justice on a given question.
Standing
This is the totality of powers a court exercises when it assumes jurisdiction and hears and decides a case
Judicial power
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.
Case or Controversy
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.
Ripeness
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.
Lis Mota
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…
Operative Fact
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.
Political Question
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.
Jurisdiction
This is happening regularly over a period time or something thats is occuring, appearing, or recurring at regular intervals
Periodic
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
Amendment
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.
Revision
Refers to a change that adds, reduces, or deletes without altering the basic principle involve.
Amendment
Implies a reexamination of the whole law and a redraft without obligation to maintain the form, scheme, or structure of the old.
Revision
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.
Quantitative test
Continuance of the general plan and purpose of the law, with coreections to better accomplish its purpose.
Amendment
Whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.
Qualitative test
- inquires into the quanti effects of the proposed change in the constitution.
this involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial adjudication.
Actual Caase / Controversy
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
Headnote
Connotes a continuing and informed awareness on the part of a congressional committee regarding executive operations in a given administrative area.
Supervision
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.
Legislative veto
This is a passive process of looking at the facts that are readily available, it also involves a more intense digging of facts.
Congressional investigation
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
Congressional Scrutiny
This is vested in congress which consists of two chambers, the senate and the house of representatives
Legislative power.
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.
Corpus Juris Secundum
When the initiative petition incorporates an unrelated subject matter in the same petition.
log rolling
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.
Reclusion temporal
This is the power with which courts are invested for administering justice, that is, for hearing and deciding cases
jurisdiction
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.
Spirit of the law
It is a civil remedy taken to establish the status or right of party or y establish a particular fact
Special Proceedings
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
Contempt
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.
Certiorari
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
Quo Warranto
Right of the state to take property in exchange for just compensation.
Eminent Domain
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.
Mandamus
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.
general law
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.
general rule
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.
General law
