Beruflich Dokumente
Kultur Dokumente
4) Philippine army and air force colonels, naval captains, and all officers of higher rank;
5) Officers of the PNP while occupying the position of provincial director and those holding the rank of
senior superintended or higher;
6) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
7) Presidents, directors or trustees, or managers of GOCCs, state universities or educational institutions
or foundations.
1. Members of Congress and officials thereof classified as Grade ’27’ and higher
2. Members of the judiciary without prejudice to the provisions of the Constitution;
3. Chairmen and members of Constitutional Commission, without prejudice to the provisions of the
Constitution; and
4. All other national and local officials classified as Grade ’27’ and higher.
5. Other offenses of felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection a of this section in relation to their office.
6. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or order
of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein
provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid
of its appellate jurisdiction and over petitions of similar nature, including quo warranto, Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
[RULE 110] Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the prosecutor, unless otherwise provided in
their charters.
The institution of the criminal action shall interrupt the period of prescription of the offense charged unless
otherwise provided in special laws
General Rule: Criminal prosecution may not be restrained or stayed by injunction.
Exceptions:
Complaint Information
Signed by the offended party, peace officer, or public Signed by the prosecutor [Abela v. Golez, 131
officer charged with the enforcement of the law SCRA 12]
violated
1. adultery
2. concubinage
3. seduction
4. abduction
5. acts of lasciviousness
6. defamation which consists in the imputation of private offenses
Note that rape is no longer a private offense. It may now be prosecuted even without the initiation of the
victim or her relatives.
a) her parents
b) grandparents, or
c) guardian
1. If the offended party dies or becomes incapacitated before she can file the complaint, and she
has no known parents, grandparents or guardian, the State shall initiate the criminal action in her
behalf.
2. the offender has not been expressly pardoned by any of them
3. defamation which consists in the imputation of private offenses – upon complaint filed by the
offended party
Note in private offenses, the State can possibly file a case independent of the offended parties only in
seduction, abduction and acts of lasciviousness. In adultery, concubinage, and defamation, the State can not
file a case without a complaint by the offended party.
Designation of the offense
1. Either
1. designation of the offense given by the statute, or
2. if there is no designation, reference to the section or subsection of the statute
punishing it
3. aver the acts or omissions constituting the offense
4. specify its qualifying and aggravating circumstances.
Cause of the accusation – The acts or omissions complained of as constituting the offense and the qualifying
and aggravating circumstances
Held: A variance of several years in the allegations of the complaint is fatally defective and violative of the
constitutional right to be informed. However, the remedy is to move for a bill of particulars, not a motion to
quash.
GR: The person against whom or against whose property the offense was committed must be identified by
The court may require the witnesses to give bail for their appearance at the trial.
In criminal procedure, venue is jurisdictional. In civil procedure, venue is procedural and may be waived.
Venue
1. the court of the municipality or territory where the offense was committed or where any of its
essential ingredients occurred.
2. if committed on board a vessel in the course of its voyage – the court of
1. the first port of entry or
2. any municipality or territory where the vessel passed during such voyage
3. if committed in any other vehicle in the course of its trip – the court of any
municipality or territory where said vehicle passed during its trip, including the place of
its departure and arrival.
4. Crimes committed outside of the Philippines but punishable under Article 2 of the
RPC shall be cognizable by the court where the criminal action is first filed.
1. violations of BP 22 shall be allowed. The criminal action for violation of BP 22 shall be deemed
to include the corresponding civil action.
2. cases before the Sandiganbayan (Sec. 4, RA 8249)
No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but
any cause of action which could have been the subject thereof may be litigated in a separate civil action.
Where the civil action has been filed separately and trial thereof has not yet commenced
1. it may be consolidated with the criminal action upon application with the court trying the
criminal case
2. If the application is granted, the trial of both actions shall as consolidated the civil and criminal
actions.
Filing fees over
b) [de Leon: why in the world would the prosecution cross-examine the witnesses of the
offended party? Aren’t they on the same side? I think this is a typographical error.]
3) the consolidated criminal and civil actions shall be tried and decided jointly.
1. During the pendency of the criminal action, the running of prescription of the civil action which
cannot be instituted separately or whose proceeding has been suspended shall be tolled.
2. GR: The extinction of the penal action does not carry with it extinction of the civil action.
3. Exception: there is a finding in a final judgment in the criminal action that the act or omission
from which civil liability may arise did not exist
a) If the judge still finds no probable cause despite the additional evidence, he shall, within 10
days from its submission or expiration of the said period, dismiss the case.
b) When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if
the accused had already been arrested, and hold him for trial.
c) If the judge is satisfied that there is no necessity for placing the accused under custody, he
may issue summons instead of a warrant of arrest
3) The person arrested shall not be subject to a greater restraint than is necessary for his detention.
4) arrest may be made on any day and at any time of the day or night.
1. If there was failure to execute the warrant – the officer to whom it was assigned for execution
shall state the reasons therefore in his report
Instances of warrantless arrests – a peace officer or a private person may, without a warrant, arrest a
person
1. When, in his presence, the person to be arrested
1. has committed
2. is actually committing, or
3. is attempting to commit an offense;
4. When
1. an offense has just been committed and
2. he has probable cause to believe, based on personal knowledge of
facts or circumstances, that the person to be arrested has committed it
5. When the person to be arrested is a prisoner who has escaped
1. from a penal establishment or place where he is
1) serving final judgment or
Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance
(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all
stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the
case was originally filed in or appealed to it;
(b) The accused shall appear before the proper courts whenever required by the court or these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.
The original papers shall state the full name and address of the accused, the amount of the undertaking and
the conditions required by this section. Photographs (passport size) taken within the last six (6) months
showing the face, left and right profiles of the accused must be attached to the bail.
Bail, a matter of right; exception. – All persons in custody shall be admitted to bail as a matter of right,
with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after
conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment
The Constitutional right to bail ceases upon initial conviction. Pending appeal, the right to bail is merely
statutory. motion of any party, review the resolution of the Regional Trial Court after notice to the adverse
party in either case.
No person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.
Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail
may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However, if the decision of the trial court convicting
the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only
be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional liberty during
the pendency of the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be
denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of
the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by
the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of
his bail without valid justification;
(c) That he committed the offense while under probation, parole, or under conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
3) unavailable, or
1. to have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
2. to have speedy, impartial and public trial.
3. to appeal in all cases allowed and in the manner prescribed by law
1. Counsel de oficio shall be given a reasonable time to consult with the accused as to his plea
before proceeding with the arraignment. (Sec. 8)
2. accused may move for a bill of particulars which shall specify
1) the alleged defects of the complaint or information and
1. shall require the prosecution to prove his guilt and the precise degree of culpability
2. allow the accused to present evidence in his behalf.
When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to
determine the penalty to be imposed.
2) abduction or
GR: If the motion to quash is sustained, the court may order that another complaint or
information be filed
Exception: The ground for motion to quash is
1. criminal action or liability has been extinguished;
2. the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent.
If the court quashes the information
b) such further time as the court may allow for good cause
1. If no order is made, and the accused is not in custody for another charge
2) otherwise terminated
1. the graver offense developed due to supervening facts arising from the same act or omission
constituting the former charge;
2. the facts constituting the graver charge became known or were discovered only after a plea was
entered in the former complaint or information; or
3. the plea of guilty to the lesser offense was made without the consent of the prosecutor and of
the offended party, except when the offended party fails to appear at the arraignment, in which
case the consent of the prosecutor alone is enough [Sec 1(f) of Rule 116]
GR: The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint
or information, either because he did not file a motion to quash or failed to allege the same in said motion,
shall be deemed a waiver of any objections
Exceptions:
Presence of defendant and counsel mandatory Accused need not be present, but his counsel
must be present, otherwise he may be sanctioned
Agreement need not be in writing; included in pre- Agreements or admissions must be written and
trial order signed by the accused and counsel to be
admissible against him.
Periods of delay excluded in computing the time within which trial must commence
1. resulting from other proceedings concerning the accused, e.g.
1. examination of the physical and mental condition of the accused;
2. proceedings with respect to other criminal charges against the accused;
3. extraordinary remedies against interlocutory orders;
4. pre-trial proceedings; provided, that the delay does not exceed 30 days;
5. orders of inhibition
6. proceedings relating to change of venue of cases or transfer from other courts;
7. finding of existence of a prejudicial question; and
8. reasonably attributable to any period, not to exceed 30 days, during which any
proceeding concerning the accused is actually under advisement.
9. resulting from an essential witness’
1. absence
1) his whereabouts are unknown or
1. unavailability – his whereabouts are known but his presence for trial cannot be obtained by due
diligence.
2. resulting from the mental incompetence or physical inability of the accused to stand trial.
3. from the date the charge was dismissed upon motion of the prosecution, to the date the time
limitation would commence to run as to a subsequent charge had there been no previous charge
4. A reasonable period of delay when the accused is joined for trial with a co-accused
1. over whom the court has not acquired jurisdiction, or
2. as to whom the time for trial has not run and no motion for separate trial has been
granted.
3. resulting from a continuance granted by any court on the ground that the ends of
justice served by taking such action outweigh the best interest of the public and the
accused in a speedy trial
1. motu proprio, or
2. on motion of
1) either the accused or his counsel, or
2) the prosecution
Trial schedule
1. after consultation with the prosecutor and defense counsel, the court shall set the case for
continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to
ensure speedy trial.
2. In no case shall the entire trial period exceed 180 days from the first day of trial, except as
otherwise authorized by the Supreme Court.
3. Trial once commenced shall continue from day to day as far as practicable until terminated. It
may be postponed for a reasonable period of time for good cause.
4. The time limitations provided under this section and the preceding section shall not apply where
special laws or circulars of the Supreme Court provide for a shorter period of trial.
Order of trial (When the accused admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified)
1. prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
2. accused may present evidence to prove his defense and damages, if any, arising, from the
issuance of a provisional remedy in the case.
3. prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits them to present additional evidence bearing
upon the main issue.
4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision
unless the court directs them to argue orally or to submit written memoranda.
ground is: Insufficient evidence Ground is: Facts and law shown by plaintiff no
right to relief
When motion is filed without leave of court – If denied – he has right to present evidence, no
waiver of right to present evidence; If with leave prior leave of court required
of court, the accused may adduce evidence in his If granted but reversed on appeal – it is a waiver
defense of the right to present evidence
Form of judgment
An offense is said to necessarily include another if the essential elements or ingredients of the former
constitute the latter.
An offense is said to be necessarily included in another if the essential elements or ingredients of the former
constitute or form part of those constituting the latter.
Either on motion of accused, or the court motu Must be upon motion of a party, can’t be motu
proprio with consent of the accused proprio
Grounds for MNT – errors of law or irregularities Grounds for MNT – FAME, or newly discovered
committed during the trial, or newly discovered evidence
evidence
Ground for MfR – error of law or fact Grounds for MfR – Excessive damages,
insufficient evidence, or decision is contrary to
law
Filed any time before judgment of conviction Filed within the period for taking an appeal
becomes final
When granted, the original judgment is always There may be partial grant
set aside or vacated and a new judgment
rendered
Notwithstanding perfection of the appeal, the RTC and the inferior courts may allow the appellant to
withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate
court, in which case the judgment shall become final.
The RTC may also, in its discretion, allow the appellant from the judgment of an inferior court to withdraw
his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in
which case the judgment of the court of origin shall become final and the case shall be remanded to the
latter court for execution of the judgment.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable
doubt of the crime charged.
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a
right.
Adjudicated father - man determined by the court to be the father usually through a court action and genetic testin
Adjudication - giving or pronouncing a judgment or decree; also the judgment given. Decision made by a court or
administrative agency with respect to a case.
Administrative review - an evaluation of the case report and supporting documentation for consistency with
laboratory policies, editorial correctness and compliance with the submission request.
Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is no
adoptive parents or natural offspring.
Adversary system - trial methods in which opposing parties are given full opportunity to present and establish the
evidence and to test by cross-examination the evidence presented by their adversaries under established rules of
procedures before an impartial judge.
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as
insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid a
will stand as rendered in the lower court.
Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the c
on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce evidence,
arguments or authority to protect one's interest.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court. Request to a hi
court to change the decision of a trial court, usually appeals are made and decided on questions of law only. Issues
fact are left to the trial judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear the
charges filed against him or her and to enter a plea of guilty or not guilty.
Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.
Bail - money or security given to secure a person's release from custody which is at risk should he/she subsequentl
fail to appear before the court.
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by no
properly appearing for trial.
Bar - the term means the whole body of lawyers. Historically, the partition separating the general public from the s
occupied by the judge's, lawyers, and other participants in a trial.
Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged a
extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty tha
every element of a crime has been proven by the prosecution, all reasonable doubt are removed from the mind of th
ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investigated
trial and to limit the course of evidence to the particular scope of the inquiry. An amplification of the pleading.
Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following arres
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case an
the applicable law.
Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a
message that it is acceptable to kill those who have wronged us.
Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from
statutory law.
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated pertaining
particular case.
Certification - procedure by which a certifying body formally recognizes that a body or person complies with give
qualifications.
Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or men
health or welfare.
Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the child's
basic needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention, or supervis
Child neglect is an act of omission.
Circumstantial evidence - that evidence that only suggests an association with a past occurrence. Any evidence in
case for which an inference is needed to relate it to the crime. Not observed by an eyewitness. Fact from which ano
fact can be reasonably inferred.
Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is
involuntarily committed to a psychiatric hospital.
Closing argument - also known as final argument, attorney's final statement to the court summing up the case and
point proven as well as those points not proven by opposing counsel.
Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived from
justice, reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath; persona
qualification of the witness to give testimony which differs from the witness ability to tell the truth.
Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the plain
Concur - to agree with the judgment of another. When one court concurs with another, it agrees with or follows the
precedent set by that court's decision.
Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that one
the other.
Consent search - exception to the requirement for a search warrant; written or oral permission is required from a
person with authority to give it.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to com
a lawful act by criminal means.
Continuance - court order that postpones legal action, such as a court hearing until later time.
Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each element of t
crime be satisfied 2. that someone is responsible for inflicting the injury or loss sustained.
- Body of the crime.
Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the membe
engaged. Military status is not sufficient, the crime must be service connected.
Court order - directive issued by the court, and is enforceable as law; written command or directive given by the
judge.
Court of Appeals - a court that hears an appeal after a trial court has made a judgment.
Criminal prosecution - process that begins with the filing of charges against a person who has allegedly violated
criminal law and includes the arraignment and trial of the defendant. Criminal prosecution may result in fine,
restitution, imprisonment, or probation.
Custody hearing - legal process, usually in family and juvenile court, to determine who has the right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted by
many jurisdictions. Five factors are utilized to assess the scientific theory or technique testing of theory, use of
standards and control, peer review, error rate, and acceptability in the relevant scientific community.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.
Deposition - oral or written testimony under oath but outside the court room.
Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to
meaningfully premeditate the crime.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence. Information offered by witnesses who testify about their own knowledge of the
facts.
Direct examination - the first questioning of witnesses by the party in whose behalf they are called.
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the to
in a forthright manner.
Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case to a
in preparation for the trial. The purpose of discovery is to make for a fair trial and to allow each party to know wha
document and information the opponents has in its possession.
Dismissal - action by the court that removes the court's jurisdiction over a given case.
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on
condition that the accused undergo some sort of rehabilitation or make restitution for damages. Diversion may take
place before the trial or its equivalent.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending death. Also called ante-
Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution must prove beyo
reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise
contemplated for the purpose of prosecuting him/her.
Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally collected
whether it is factual and legally proves or is relevant to the case being heard.
Ex-parte order - an order issued by a judge on its own.
Exclusionary rule - the rules that defines whether evidence is admissible in a trial.
Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a warrant a
failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape of the sus
Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts, scienc
profession, or technical area. Experts educate the court by assisting it in understanding the evidence or in determini
an issue of fact.
Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or
experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a
court action.
Expunge - to strike out, obliterate, or mark for deletion from the court record.
Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime i
other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for m
than a year or a substantial fine.
Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.
Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to
otherwise do them harm.
Frye standard - a set of standards set by the court of appeals of the district of Columbia in 1923 in the U.S in Frye
the United states. The standards in general define when a new scientific test should be admissible as evidence in th
court system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally accepte
explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due proce
rights as adults the right to counsel, the right to notice of the charges, the right to confront and cross-examine a wit
the right to remain silent, and the right to subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge. A writ of habeas corpus is a legal
document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his o
detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal, first-hand knowledge of the
witness. Statement made out of court and offered in court to support the truth of the facts asserted in the statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge
unless it falls within certain exceptions.
Holographic document - any document completely written and signed by one person. A holographic may be prob
without anyone having witnessed its execution.
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing criminal evidenc
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard
Incompetency - lacking the physical, intellectual, or moral capacity or qualification to perform a required duty.
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time,
specifically authorized by statute, subject to termination by a parole board or other authorized agency after the pris
has served the minimum term.
Infraction - a violation of law not punishable by imprisonment. Minor traffic offenses are generally considered
infractions.
Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act. A prelimin
injunction is granted provisionally until a full hearing can be held to determine if it should be made permanent.
Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of
respective clients relevant to the case.
Judgment, default - default judgment is rendered because of the defendant's failure to answer or appear.
Judgment, summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presented for
record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is ent
to judgment as a matter of law.
Judicial review - authority of a court to review the official actions of other branches of government, also the autho
to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case. Inherent power and authority of a
particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.
Juvenile court - a court which decides criminal charges brought against children less than 18 years of age.
Leading question - a question that suggest the answer desired of a witness. A party generally may not ask one's ow
witness leading questions, leading questions may be ask only of hostile witnesses and on cross-examination.
Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a
child/person.
Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or inter
with the performance of official duties.
Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short pe
of time in the same general area.
Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right before th
question him. Result of the Miranda vs. Arizona ruling. Law enforcement procedure that forewarns suspects of thei
right to remain silent when in police custody. Violation of this right makes the suspect's confession inadmissible in
evidence.
Misdemeanor - criminal offenses considered less serious than felonies. Misdemeanor are generally punishable by
or a limited local jail term in the local jail.
Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degree of
in a criminal offense and thus the nature of the punishment.
M'naghten rule - the test applied for the defense of insanity. Under this test, an accused is not criminally responsib
suffering from a mental disease or defect at the time of committing the act and not understanding the nature and qu
of the act or that what was done was wrong.
Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended controv
that has not yet actually arisen or has already passed.
Motion - an application for a rule or order, made to a court or judge. An application to the court requesting an orde
a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure. An objection is either
sustained or overruled by the judge. If the judge overrules the objection, the witness may answer the question. If th
judge sustains the objection, the witness may not answer the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is
admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.
Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an overview
the evidence that will be presented during the trial.
Order to show cause - order to appear in court and present reasons why a particular order should not be executed.
Overrule - judge's decision not to allow an objection. Decision by a higher court finding that a lower court
Physical evidence - any tangible article that tends to prove or disprove a point in question.
Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in plain v
by a person who sees it lawfully.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty. T
defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually satisfactory
disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient evidenc
against a person charged with a crime to warrant holding him or her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs that o
other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or
action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in th
suit, agree on what will be presented at the trial and make a final effort to settle the case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact or
chain of facts making up a party's claim or defense. If such evidence is unexplained or uncontradicted, it is sufficie
obtain a favorable judgment for the issue it supports, may be contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to justify th
issuance of a search warrant or to make an arrest. Reasonable ground for believing that a crime has been committed
that the person committed the crime.
Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of
preventing an assault or other crimes against him/her.
Public defender - (ex. PAO) government lawyer who provides free legal defense services to a poor person accused
crime.
Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex. plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or
prudent person. Reasonable doubt requires acquittal.
Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a person. A mere
hunch is not a reasonable suspicion.
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial. If
there is going to be a substantial delay, it is called continuance. A temporary dismissal is called sine die.
Record - document that furnishes objective evidence of activities performed or results achieved.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-
examination.
Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.
Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise to
appear in court when the defendant's case is scheduled for hearing, trial or other proceeding. A defendant who is
released on recognizance is not required to deposit money or other property with the court in order to be released.
Res gestae - all of the things done or words spoken in the course of the transaction or event; A record of what was
or done in the first moments of an investigation.
Rest - a party is said to have rest its case when it has presented all of the evidence in intends to offer.
Robbery - felonious taking of another's property from his person or immediate presence and against his will by me
of force or fear.
Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a person’s property with the intention of
finding evidence not in plain view (search) and taking possession of that property against the will of its owner or
possessor (seizure)
Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to pay
restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by the
testimony of a prior witness.
Statute of limitation - the time within which a lawsuit must be brought out the time within which evidence must b
analyzed.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.
Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to do
Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.
Summary judgment - decision made by a trial court based on written documentation submitted before any trials o
Summons - a notice to the defendant that he/she has been sued and is required to appear in court.
Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence should
be admitted at trial.
Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be heard.
Testimony - evidence given by a witness under oath does not include evidence from documents and other physical
evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.
Trial court - local court that initially hears all cases in dispute.
Validation - confirmation by examination and provision of objective evidence that the particular requirements for a
specific intended use are fulfilled.
Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.
Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.
Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.
Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of
compelling a person to do something.