Judicial Department Flashcards
Judicial Power
Power of duty and courts of justice to interpret and apply the laws (including the constitution) to contest and disputes concerning legally recognized rights or duties between the state and private persons or individuals, or between private persons or individual litigants in cases properly brought before the judicial tribunals
Adjudicatory Power
Power to settle controversies revolving rights which are legally demandable and enforecable.
Power of Judicial Review
To pass upon the constitutionality and validity of the laws of the state. To interpret. To pass binding judgement
Incidental power
Discharge of judicial functions such as the power to punish persons adjudged in contempt
Grave abuse of discretion
Lack of authority to act on the matter in dispute
Supreme Court
A constitutional court, in the sense of being a creation of the constitution
Statutory Courts
Courts created by law. Lower courts of the constitution
Organization of courts
Regular Courts
Special Courts
Court of Appeals
Composes of 69 justices, headed by one presiding justice
Regional Trial Court
Presided by 720 trial judges in each region
Sandigan Bayan
With 14 justices and a presiding justice, created by PDT606, pursuant to the mandate of the 1973 Constitution
Court of Tax Appeals
With 5 justices and a presiding justice
Importance of the Judiciary
- Confidence in the creation and even administration of justice
- Preservation of the government
- Respect for Law and Order
Supreme Court Composition
14 Associate Justices and 1 Chief Justice
Sitting Procedure
En Banc- One Body
Divisions- In division of 3,5,7 the different sizes of divisions would indicate the relative importance of the case being heard.