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Affidavit of Desistance - it means the complainant states that he / she

did not really intend to institute the case and that he is no longer
interested in testifying or prosecuting.
It is a ground for dismissing the case only if the prosecution can no
longer prove the guilt of the accused beyond reasonable doubt without
the testimony of the offended party.

Affirmative Defense - to a civil lawsuit or criminal charge is a fact or


set of facts other than those alleged by the plaintiff or prosecutor
which, if proven by the defendant, defeats or mitigates the legal
consequences of the defendant’s otherwise unlawful conduct.

Allegata et Probata - is a latin term meaning things alleged and


proved.
The allegations made by a party to a suit , and the proof adduced in
their support. It refers to general evidence rules which requires that
the proofs must correspond with the allegations.

Amicus Curiae - “friend of the court” , someone who is not a party to


the litigation , but who believes that the court’s decision may affect its
interest.

Answer - a written pleading filed by a defendant to respond to


complaint in a lawsuit filed filed and served upon that defendant.
An Answer generally responds to each allegation in the complaint
denying or admitting it, or admitting in part or denying in part.

Appeal - is the process in which cases are reviewed , where parties


request a formal change to an official decision. An Appeal function both
as a process for error correction as well as process of clarifying and
interpreting law.

Appearance - (from latin apparere, to appear) is the coming into court


of either of the parties to a lawsuit, and/of the formal act by which a
defendantsubmits himself to the jurisdiction of the court.

Arraignment - a criminal proceeding at which the defendant is officially


called before a court of competent jurisdiction , informed of the
offense charged in the complaint , information, indictment or other
charging document and asked to enter a plea of guilty, not guilty, or
otherwise permitted by law.

Burden of Evidence - refers to the duty of a party to proceed with


evidence at the beginning, or at any subsequent stage of the trial, in
order to make or meet a prima facie case.

Burden of Proof - is the obligation to present evidence on the subject


of the lawsuit or the criminal charge. That is to prove or disprove a
disputed fact.

Capacity to act - the capacity of natural and juridical persons (legal


persons) in general, determines whether they may make binding
amendments to their rights, duties, and obligations.

Case at bar - a case presently under the court, a case under


argument.

Case at bench - is when all the judges of a certain court sit together to
decide a case.

Chose in Action - a property right in something intangible, or which is


not in one’s possession, but enforceable through legal or court action.

Civil Action - a lawsuit brought to enforce, redress, or protect rights of


a private litigants - the plaintiffs and the defendants- not a criminal
proceeding.

Civil Contempt - is used to coerce a party to perform an action. Once


the contemnor performs that action, they will be immediately released
from whatever sanction the court has imposed.

Civil Liability - a legal obligation that arises to a private party, usually


for payment of damages or other court enforcementof a lawsuit.

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