DOT-2 Flashcards
Criminal Complaint
A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer , or other public officer charged of the enforcement of the law violated.
Criminal Information
An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
Offended Party
The person against whom or against whose property the offense was committed ,
Amendment
The modification of a complaint or information by the public prosecutor which changes its form or substance. The amendment is only in form, if it does not affect or alter the nature of the offense charged.
Prejudicial Question
A question which arises in a case, whereas the resolution of which , is a logical antecedent of the issue involved in the same case and the cognizance of which refers to another tribunal.
Provisional Remedy
Writs and processes available during the pendency of the action which maybe resorted to by the litigant, to preserve and protect certain rights and interests therein during the pending rendition, and for purposes of the ultimate effects of the final judgment in the case.
Preliminary Attachment
Provisional remedy issued upon the order of the court where the action is pending , to be levied upon the property or properties of the defendant therein , the same to be held after by the sheriff as security for the satisfaction of whatever judgment might be rendered in said action, in favor of the attaching creditor, against the defendant.
Preliminary Injunction
An order granted at any stage of an action or proceeding, prior to the judgment or final order; requiring a party or a court, agency or a person to refrain from particular act or acts. It may also require the performance of particular act or acts.
Replevin
Proceeding by which the owner or the one who has a general or special property in the thing taken or detained, seeks to recover possession in specie, the recovery of damages being only incidental.
Support Pendente Lente
An amount adjudicated by the trial court during the pendency of an action for support, upon application by the plaintiff at the commencement of the proper action or at anytime afterwards . It is the remedy rendered by the court as equity and justice may require.
Bail
The security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions herein specified. Bail maybe given ,in the form of corporate surety ,property bond, cash deposit or recognizance.
Capital Offense
An offense under the law , existing at the time of its commission and of the application for admission to bail, maybe punished with death.
Recognizance
An obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial; and does not require the signature of the accused for its validity.
SLAPP( Strategic Lawsuit Against Public Participation)
An action whether civil, criminal or administrative, brought against any person, institution , or any government agency or local government units or its official and employees with intent to harass, vex , exert, undue pressure or stifle any legal recourse that such person, institution, or governmental agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights.
‘To Quash’
To annul, vacate or overthrow. The absence of probable cause for the issuance of a warrant of arrest is not a ground for the quashal of the information but is a ground for the dismissal of the case.
