LEGAL TERMS

A Quo- A Latin phrases which signifies from which; example, in the computation of time, the day a quo is not to be
counted, but the day ad quem is always included. Source: legal-dictionary.thefreedictionary.com

Acquittal- The legal and formal certification of the innocence of a person who has been charged with a crime.
Acquittals in fact take place when a jury finds a verdict of not guilty.
Acquittals in law take place by operation of law such as when a person has been charged as an Accessory to the crime of
Robbery and the principal has been acquitted.
N. what an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case)
of not guilty.

Act of State -This doctrine says that a nation is sovereign within its own borders, and its domestic actions may not be
questioned in the courts of another nation. Each sovereign state has complete control over the laws within its own borders
and that its acts cannot be questioned in the courts of another state.
Executive act exercising the sovereign power of a country (such as use of force against another country or a foreign
individual) which cannot be challenged (or interfered with) by the courts. It includes any act of a government within its
geographical boundaries which cannot be subject to the jurisdiction of the foreign courts.
In Personam [Latin, Against the person.] A lawsuit seeking a judgment to be enforceable specifically against an
individual person.
An in personam action can affect the defendant's personal rights and interests and substantially all of his or her
property. It is based on the authority of the court, or jurisdiction, over the person as an individual rather than jurisdiction
over specific property owned by the person. This contrasts with in rem jurisdiction, or actions that are limited to property
of the defendant that is within the control of the court. A court with in personam jurisdiction in a particular case has
enough power over the defendant and his or her property to grant a judgment affecting the defendant in almost any way.
In Rem /Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam).
An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the
property that are conclusive against all the world. For example, an action to determine whether certain property illegally
imported into the United States ought to be forfeited can be captioned United States v. Thirty-nine Thousand One Hundred
and Fifty Cigars. The object of the lawsuit is to determine the disposition of the property, regardless of who the owner is or
who else might have an interest in it. Interested parties might appear and make out a case one way or another, but the
action is in rem, against the things.

Actionable- Giving sufficient legal grounds for a lawsuit; giving rise to a Cause of Action.
An act, event, or occurrence is said to be actionable when there are legal grounds for basing a lawsuit on it. For example,
an assault is an actionable TORT.

Actual Case or Controversy- Actual controversy means a true legal dispute which leads to a genuine lawsuit not merely
a hypothetical, theoretical, or speculative legal issue.

Ad Litem -[Latin, For the suit; for the purposes of the suit; pending the suit.] A Guardian Ad Litem is a guardian
appointed to prosecute or defend a suit on behalf of a party who is legally incapable of doing so, such as an infant or an
insane person.
Adjudicate- verb adjudge, arbitrate, award, award judgment, conclude, decide, decree, deem, deliver judgment,
determine, determine finally, exercise judicial authority, find, give judgment, hear, hear the case, hold court, judge, make
a decision, mediate, order, pass judgment, pass sentence, pronounce, referee, render judgment, rule, rule upon, settle, sit
in judgment, try, try the cause

Admission-A voluntary Acknowledgment made by a party to a lawsuit or in a criminal prosecution that certain facts that
are inconsistent with the party's claims in the controversy are true.

Adverse party -N. the opposite side in a lawsuit. Sometimes when there are numerous parties and cross-complaints,
parties may be adverse to each other on some issues and in agreement on other matters. Two beneficiaries of a person
who has died may join together to claim a will was valid, but fight each other over the assets of the dead person's estate if
the court rules the will was legal.

Affidavit- A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person
authorized to do so by law.

Affidavit of Desistance- An affidavit of desistance is executed by a complainant when he no longer wishes to pursue a
case against an accused or a defendant in a court case.

Affirmative Defense- A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are
true.

Alias Writ- A second writ, or court order, issued in the same case after an earlier writ of that kind has been issued but has
not been effective.
Allegata And Probata- The allegations made by a party to a suit, and the proof adduced in their support. It is a general
rule of evidence that the allegata and probata must correspond; that is, the proof must at least be sufficiently extensive to
cover all the allegations of the party.

Alternative Dispute Resolution- Procedures for settling disputes by means other than litigation; e.g., by Arbitration,
mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation,
are increasingly being used in commercial and labor disputes, Divorce actions, in resolving motor vehicle and
Medical Malpractice tort claims, and in other disputes that would likely otherwise involve court litigation.

Amicus Curiae- Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but
not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to
suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning
matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals
to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave
of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is
presented by the United States or an officer or agency thereof.
An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises
awareness about some aspect of the case that the court might otherwise miss. The person is usually, but not necessarily,
an attorney, and is usually not paid for her or his expertise. An amicus curiae must not be a party to the case, nor an
attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court.

Answer- The first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or
denies the allegations in the complaint and sets forth any available AFFIRMATIVE DEFENSES.
The answer gives the plaintiff notice of the issues the defendant will raise as the case progresses and enables the plaintiff
to adequately prepare a case.

Appeal - Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court
empowered to review a final decision on the ground that it was based upon an erroneous application of law.

A person who initiates an appealthe appellant, sometimes called the plaintiff in error, must file a notice of appeal,
along with the necessary documents, to commence appellate review. The person against whom the appeal is brought, the
appellee, then files a brief in response to the appellant's allegations.

Appeal by Certiorari- Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also
the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals
court. The U.S. Supreme Court still uses the term certiorari in the context of appeals.
Petition for Writ of Certiorari. (informally called "Cert Petition.") A document which a losing party files with the Supreme
Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the
facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.
Writ of Certiorari. A decision by the Supreme Court to hear an appeal from a lower court.

Appearance- A coming into court by a party to a suit, either in person or through an attorney, whether as plaintiff or
defendant. The formal proceeding by which a defendant submits to the jurisdiction of the court. The voluntary submission to
a court's jurisdiction.

Appellant - The party who takes an appeal from one court or jurisdiction to another. Used broadly or nontechnically, the
term includes one who sues out a writ of error. Widgins v. Norfolk & W. Ry. Co., 142 Va. 419, 128 S.E. 516, 518.

Appellee - The party in a cause against whom an appeal is taken; that is, the party who has an interest adverse to setting
aside or reversing the judgment. Slayton v. Horsey, 97 Tex. 341, 78 S.W. 919. Sometimes also called the "respondent. In a
nontechnical sense, "appellee" may include a defendant in writ of error. Widgins v. Norfolk & W. Ry. Co., 142 Va. 419, 128
S.E. 516, 518. In old English law. Where a person charged with treason or felony pleaded guilty and turned approver or
"king's evidence," and accused another as his accomplice in the same crime, in order to obtain his own pardon, the one so
accused was called the "appellee." 4 Bl.Comm. 330.

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 as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the
proceeding at which the court determines whether to set bail for the defendant or release the defendant on his or her own
recognizance.

Assignment of Errors- A statement by the appellant of the errors alleged to have been committed in the lower court is an
assignment of errors, a type of appellate Pleading used to point out to the appellate court the grounds for review. It
controls the scope of an appeal because if a ground for review is not contained in it, it will not ordinarily be considered by
the court. The assignment of errors is usually part of the notice of appeal, the bill of exceptions, the transcript of the
record, or the brief, although in some jurisdictions, it is a separate document.

Attachment- The legal process of seizing property to ensure satisfaction of a judgment.

The document by which a court orders such a seizure may be called a writ of attachment or an order of attachment.

Best Evidence Rule

That highest available degree of proof must be produced. It means that no evidence which is merely substitutionary in its
nature shall be received so long as original evidence can be had; that contents of document must be proved by producing
document itself.

Burden Of Evidence
The burden on a party seeking to support a claim or defense at trial to produce sufficient evidence at trial to have the
issue merit consideration by the fact-finder.

Burden Of Proof
The necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause.
The term "burden of proof" is not to be confused with "prima facie case or with expressions referring to a similar idea,
such as the "burden of evidence," or "the burden of proceeding or the burden of going forward with the evidence.
It is frequently said, however, to have two distinct meanings:
(1) the duty of producing evidence as the case progresses; and
(2) the duty to establish the truth of the claim by preponderance of the evidence, and though the former may pass from
party to party, the latter rests throughout upon the party asserting the affirmative of the issue.
Again "burden of proof" is sometimes used to refer merely to the rule of practice fixing the order of proof, as distinguished
from the "preponderance of the evidence" meaning the weight of evidence.

Capacity To Act- the power to do acts with legal effect. It can be acquired and lost only through death. (Art 37, Civil
Code)

Case At Bar- the case now before the court and under its consideration; the case being tried or argued.
Case At Bench- A case under the immediate consideration of the court. Also termed case at bar; instant case; present
case.
Chose In Action
1. personal right not reduced into possession, but recoverable by a suit at law.
2. The right to bring an action to recover a debt, money. or thing.
3. Personal property that one person owns but another person possesses, the owner being able to regain possession
through a lawsuit.
"'Chose in action" IS a known legal expression used to describe all personal rights of property which can only be claimed
or enforced
by action, and not by taking physical possession.'

Circumstantial Evidence
1. Evidence based on inference and not on personal knowledge or observation. - Also termed indirect evidence; oblique
evidence.
2. All evidence that is not given by eyewitness testimony.

Civil Action- One by which a party sues another for the enforcement or protection of a right, or the prevention or redress
of a wrong (Section 3(a), Rule 1, Rules of Civil Procedure)

Civil Contempt- The failure to obey a court order that was issued for another party's benefit.
A civil contempt is not an offense against the dignity of the court, but against the party in whose behalf the mandate of
the court was issued, and a fine is imposed for his indemnity.
A civil-contempt proceeding is coercive or remedial in nature. The usual sanction is to confine the contemnor until he or
she complies with the court order.

Civil Liability- the amenability to civil action as distinguished from amenability to criminal prosecution.

Civil Obligation- One which binds in law and may be enforced in a court of justice.

Class Suit- the order or rank according to which persons or things are arranged or assorted.

Clean Hands Doctrine- Equitable relief may be denied on ground of deceit or impurity of motive.

Complaint- the first or initiatory pleading on the part of the plaintiff in a civil action. Its purpose is to give defendant
information of all material facts on which plaintiff relies to support his demand.

Conclusive Presumption- a presumption of law that cannot be rebutted by evidence and must be taken to be the case
whatever the evidence to the contrary.

Confession And Avoidance- the plea admitting that facts alleged in a declaration are true, but showing new facts by
which it is hoped to destroy the effect of the allegations admitted.
A plea, or answer, to a complaint in a civil case, in which the defendant admits the allegations in the lawsuit but alleges
other facts that, if found to be true by the trier of fact, will negate the negative effect of the plaintiff's claims.

Consent Judgment- a judgment issued by a judge based on an agreement between the parties to a lawsuit to settle the
matter, aimed at ending the litigation with a judgment that is enforceable.
It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, settlement agreements or consent
decree. Thus, it is judgment settled and agreed to by the parties to the action.

Contempt Of Court- often referred to simply as "contempt"

the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that
opposes or defies authority, justice, and dignity of the court.
behavior that opposes or defies the authority, justice, and dignity of the court.
Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors;
witnesses; or people who insert themselves in a case, such as protesters outside a courtroom.

Costs Of Suits- the party that finally prevails is entitled to the costs of suit as a matter of course, unless the court for
special reasons adjudged otherwise. The Revised Rules of Court states that:
Unless otherwise provided in these rules, cost shall be allowed to the prevailing party as a matter of course, but the court
shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be
divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided
by law.(Section 1, Rule 142)

Court-Annexed Mediation- any mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute. (R.A. No. 9285, Alternative Dispute Resolution Act of 2004)

In court-annexed mediation, the parties to a pending case are directed by the court to submit their dispute to a third
party (the Mediator), who works with them to reach a settlement of their controversy. The Mediator acts as a facilitator for
the parties to arrive at a mutually acceptable arrangement, which will be the basis for the court to render a judgment
based on a compromise.
Only mediators accredited by the Supreme Court can validly mediate in a court-annexed mediation program.

The mediatable cases covered by the program are as follows:

1. All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure, except those which by law
may not be compromised (e.g., Annulment of Marriage).
2. Cases covered by the Lupong Tagapamayapa under the Katarungang Pambarangay Law (P.D. No. 508, as amended by
R.A. No. 7160).
3. Civil aspect of Batas Pambansa (B.P.) Blg. 22.
4. The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code. 5. Civil aspect of Estafa and Libel cases
where damages are sought.
Court-annexed mediation in the Philippines, is a part of pre-trial.

Court-Referred Mediation- mediation ordered by a court to be conducted in accordance with the Agreement of the
Parties when as action is prematurely commenced in violation of such agreement. (R.A. No. 9285, Alternative Dispute
Resolution Act of 2004)

Criminal Action- proceeding by which person charged with a crime is brought to trial and either found not guilty or guilty
and sentenced.

Criminal Contempt- a crime which consists in the obstruction of judicial duty generally resulting in an act done in the
presence of the court
e.g contumelious conduct directed to the judge or a refusal to answer questions after immunity has been granted.

Criminal Liability- the liability that arises out of breaking a law or committing a criminal act
responsibility for any illegal behavior that causes harm or damage to someone or something.

Culpa Aquiliana - refers to acts or omission causes damage to another, there is being fault or negligence, is obliged to pay
for the damages done. Such fault or negligence shall have no pre-existing contractual relation between the Parties.

Culpa Contractual- refers to those who in the performance of their obligations are guilty of fraud, negligence or delay.

Custodia Legis - in the custody of law.

Decision
-In practice. A judgment or decree pronounced by a court in settlement of controversy submitted to it
-n. judgment, decree or determination of findings of fact
- conclusion reached after an evaluation of facts and law.
As a generic term, decision refers to both administrative and judicial determinations. It includes final judgments, rulings,
and interocutory orprovisional orders made by the court pending the outcome of the case. Frequently, a decision is consid
ered the initial step in a rendition by acourt of a judgment in an action.
When referring to judicial matters, a decision is not the same as an opinion, although the terms are sometimes used inter
changeably. Adecision is the pronouncement of the solution of the court or judgment in a case, while an opinion is a state
ment of the reasons for itsdetermination made by the court.

Final Decision-the term given to the decision that will settle a matter.

Judicial Decision- the term that is given to the decision made by a judge in the matter that is before him.

Declaratory Relief
n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often
requested (prayed) forinformation in a lawsuit over a contract. The theory is that an early resolution of legal rights will
resolve some or all of the other issues in thematter.

Default-
An omission; a failure to do that which is anticipated, expected, or required in a given situation.
Default is distinguishable from Negligence in that it does not involve carelessness or imprudence with respect to the
discharge of a duty orobligation but rather the intentional omission or nonperformance of a duty.
To default on a debt is to fail to pay it upon its due date. Default in contract law implies failure to perform a contractual
obligation.
A default judgment is one that may be entered against a party in a lawsuit for failure to comply with a procedural step in
the suit, such asfailure to file an answer to a complaint or failure to file a paper on time. A default judgment is not one
that goes to the merits of a lawsuit butis procedural in nature.
Default
n. failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other
response is notfiled, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights
of the defaulting party to defend thecase. 2) the failure to make a payment when due, which can lead to a notice of default
and the start of foreclosure proceedings if the debt issecured by a mortgage or deed of trust. 2) v. to fail to file an answer
or other response to a summons and complaint, or fail to make apayment when due.

The Disposition or Dispositive Portion

The resolutory or dispositive portion is important. The resolution of the court on a given issue as embodied in the
dispositive part of the decision or order is the investitive or controlling factor that determines and settles the rights of the
parties and the questions presented therein, notwithstanding the existence of statements or declaration in the body of
said order that may be confusing.<ref>Manalang vs. Tuason de Rickards, 104 Phil. 254, 31 July 1958, cited in Velarde vs.
Social Justice Society, G.R. No. 159357, 28 April 2004</ref>
In a criminal case, the disposition should include a finding of innocence or guilt, the specific crime committed, the penalty
imposed, the participation of the accused, the modifying circumstances if any, and the civil liability and costs. In case an
acquittal is decreed, the court must order the immediate release of the accused, if detained, (unless they are being held for
another cause) and order the director of the Bureau of Corrections (or wherever the accused is detained) to report, within
a maximum of ten (10) days from notice, the exact date when the accused were set free.
In a civil case as well as in a special civil action, the disposition should state whether the complaint or petition is granted
or denied, the specific relief granted, and the costs. The following test of completeness may be applied. First, the parties
should know their rights and obligations. Second, they should know how to execute the decision under alternative
contingencies. Third, there should be no need for further proceedings to dispose of the issues. Fourth, the case should be
terminated by according the proper relief. The "proper relief" usually depends upon what the parties seek in their
pleadings. It may declare their rights and duties, command the performance of positive prestations, or order them to
abstain from specific acts. The disposition must also adjudicate costs.

Disputable Presumption- A presumption of law, which may be rebutted or disproved

Disputable Presumption. A species of evidence that may be accepted and acted upon when there is no other evidence to
uphold contention for which it stands; and when evidence is introduced supporting such contention, evidence takes place
of presumption, and there is no necessity for indulging in any presumption. Noble v. Key System, 10 Cal.App.2d 132, 51
P.2d 887, 889.
A rule of law to be laid down by the court, which shifts to the party against whom it operates the burden of evidence
merely. City of Montpelier v. Town of Calais, 114 Vt. 5, 39 A.2d 350, 356. See Presumptions.

Dissent (dissenting opinion)- An explicit disagreement by one or more judges with the decision of the majority on a case
before them.
A dissent is often accompanied by a written dissenting opinion, and the terms dissent and dissenting opinion are used
interchangeably.
Dissents have several functions. In some cases, they are a simple declaration of disagreement with the majority. In others,
they instruct,prod, scold, or otherwise urge the majority to consider the dissenter's point of view.
Dissents carry no precedential weight and are not relied on as authority in subsequent cases. However, attorneys and
judges sometimesconsult them to understand the dissenter's analysis of the majority opinion. Attorneys and judges may
also cite a dissent if they agree withits reasoning and conclusion and seek support for a change in the law.
Although the majority opinion constitutes the judgment of the court, its legal weight can be diminished if a sufficient
number of judgesdissent. On issues that divide the courts and the country, there can be sharply divergent opinions on
what the law is or should be. During the1990s, for example, one divisive question before the U.S. Supreme Court was
whether Affirmative Action programs to redress the effects ofpast discrimination were constitutional. In Miller v. Johnson,
515 U.S. 900, 115 S. Ct. 2475, 132 L. Ed. 2d 762 (1995), the U.S. SupremeCourt held that Georgia's congressional
redistricting plan, implemented to give minorities a strong voting block, constituted racial gerry-mandering and violated
the equal protection clause. However, the case was not an unqualified success for those urging the rejection ofaffirmative
action. Five justices joined in the majority block (plurality) in the case, and four justices filed dissents. With such a large
minority,the dissents gained significance. Legal analysts monitor close cases such as Miller because a shift by one justice
would signal a change inthe law.

Dissent- Contrariety of opinion; refusal to agree with something already stated or adjudged or to an act previously
performed.
The term is most commonly used in American law to denote the explicit disagreement of one or more judges of a court
with the decision passed by the majority upon a case before them. In such event, the non-concurring judge is reported as
"dissenting." Mere failure of a justice to vote is not a dissent. Charles W. Sommer & Bro. v. Albert Lorsch & Co., 254 N.Y.
146, 172 N.E. 271, 272.
A dissent may or may not be accompanied by an opinion.
Dissenting Opinion
The opinion in which a judge announces his dissent from the conclusions held by the majority of the court, and expounds
his own views.

Early Neutral Evaluation- An early neutral evaluation (ENE) is used when one or both parties to a dispute seek the
advice of an experienced individual, usually anattorney, concerning the strength of their cases. An objective evaluation by
a knowledgeable outsider can sometimes move parties awayfrom unrealistic positions, or at least provide them with more
insight into their cases' strengths and weaknesses. Of course, the success ofthis technique depends upon the parties'
faith in the fairness and objectivity of the neutral third-party, and their willingness to compromise.

Entry of Judgment-
Formally recording the result of a lawsuit that is based upon the determination by the court of the facts and applicable law
, and that makesthe result effective for purposes of bringing an action to enforce it or to commence an appeal.
Entering judgment is a significant action because it establishes permanent evidence of the rendition by the court of a ju
dgment. Under somestatutes and court rules, judgment is entered when it is filed with the appropriate official; under oth
ers, it must actually be noted in thejudgment book or civil docket.
The entry of a judgment is not the same as the rendition of a judgment. Rendition is a judicial act by a court in pronoun
cing the sentence oflaw based upon the facts in controversy. Entry occurs after the rendition of judgment and is a minist
erial act that consists of recording theultimate conclusion reached by the court in the action and providing concrete evid
ence of the judicially imposed consequences. It serves asa memorial of the action.

Ex Parte
[Latin, On one side only.] Done by, for, or on the application of one party alone.
An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may also describe contact with a pe
rson representedby an attorney, outside the presence of the attorney. The term ex parte is used in a case name to signify t
hat the suit was brought by theperson whose name follows the term.
Under the Fifth
Amendment to the U.S. Constitution, "No person shall be deprived of life, liberty, or property, without DUE PROCESS of la
w."A bedrock feature of due process is fair notice to parties who may be affected by legal proceedings. An ex parte judicial
proceeding,conducted without notice to, and outside the presence of, affected parties, would appear to violate the Constitu
tion. However, adequate
notice of judicial proceedings to concerned parties may at times work irreparable harm to one or more of those parties. In
such a case, thethreatened party or parties may receive an ex parte court hearing to request temporary judicial relief with
out notice to, and outside thepresence of, other persons affected by the hearing.
Ex parte judicial proceedings are usually reserved for urgent matters where requiring notice would subject one party to irr
eparable harm. Forexample, a person suffering abuse at the hands of a spouse or significant other may seek ex parte a Te
mporary Restraining
Order from acourt, directing the alleged abuser to stay away from him or her. Ex parte judicial proceedings are also used t
o stop irreparable injury toproperty. For example, if two neighbors, Reggie and Veronica, disagree over whose property a tr
ee stands on, and Reggie wants to cut downthe tree whereas Veronica wants to save it, Veronica can seek an ex parte hear
ing before a judge. At the hearing, she will ask the judge for atemporary Restraining
Order preventing Reggie from felling the tree. She will have to show the judge that she had no reasonable opportunityto pr
ovide Reggie with formal notice of the hearing, and that she might win the case. The court will then balance the potential
hardships toReggie and Veronica, in considering whether to grant Veronica's request.
A court order from an ex parte hearing is swiftly followed by a full hearing between the interested parties to the dispute. St
ate and federal
legislatures maintain laws allowing ex parte proceedings because such hearings balance the right to notice against the rig
ht to use the legalsystem to avert imminent and irreparable harm. Far from violating the Constitution, the ex parte procee
ding is a lasting illustration of theelasticity of due process.
Ex parte contact occurs when an attorney communicates with another party outside the presence of that party's attorney.
Ex parte contactalso describes a judge who communicates with one party to a lawsuit to the exclusion of the other party o
r parties, or a judge who initiatesdiscussions about a case with disinterested third parties. Canon 3(A)(4) of the American
Bar Association (ABA) Model Code of Judicial
Conduct discourages judges from such ex parte communications. Under rule 4.2 of the ABA Model Rules of Professional
Responsibility, alawyer should refrain from contacting a party who the lawyer knows is represented by another attorney, u
nless the lawyer has the consent ofthe other attorney or is authorized by law to do so.
In a case name, ex parte signifies that the suit was initiated by the person whose name follows the term. For example, Ex
parte Williamsmeans that the case was brought on Williams's request alone. Many jurisdictions have abandoned ex parte i
n case names, preferring Englishover Latin terms (e.g., Application of Williams or Petition of Williams). In some jurisdiction
s, ex parte has been replaced by in re, whichmeans "in the matter of" (e.g., In re Williams). However, most jurisdictions res
erve the term in re for proceedings concerning property.

Excess Of Jurisdiction- A case in which court has initially proceeded properly within its jurisdiction but steps out of
jurisdiction in making of some order or in the doing of some judicial act. Olson v. District Court of Salt Lake County, 93
Utah, 145, 71 P.2d 529, 534, 112 A.L.R. 438.
Act within judge's general power is unauthorized in particular case. Beckwith v. McAlister, 165 S.C. 1, 162 S.E. 623, 628;
Carter v. Mitchell, 225 Ala. 287, 142 So. 514, 517; In re Knox' Estate, 52 Cal.App.2d 338, 126 P.2d 108, 112.
Acts which exceed defined power of court in any instance. Abelleira v. District Court of Appeal, Third Dist., 17 Ca1.2d
280, 109 P.2d 942, 948, 132 A.L.R. 715.
A departure by a court from those recognized and established requirements of law, however close apparent adherence to
mere form in method of procedure, which has the effect of depriving one of a constitutional right, is an "excess of
jurisdiction." Wuest v. Wuest, 53 Cal.App.2d 339, 127 P.2d 934, 937.

Execution
Carrying out some act or course of conduct to its completion. Northwest Steel Rolling Mills v. Commissioner of Internal
Rev- enue, C.C.A.9, 110 F.2d 286, 290. Completion of an act. Domestic Finance Corporation v. Williams, 174 Misc. 227,
20 N.Y.S.2d 467, 469. Putting into force, Greene v. Wheeler, C.C.A.Wis., 29 F.2d 468, 469. The completion, fulfillment, or
perfect- ing of anything, or carrying it into operation and effect.
At common law, executions are said to be either final or quousque; the former, where complete satisfaction of the debt is
intended to be procured by this process; the latter, where the execution is only a means to an end, as where the defendant
is arrested on ca. sa.
The word cannot be stretched to include prescription; the natural meaning of "execution" is "performance," in- cluding
excuses for performance. Wood & Selick v. Com- pagnie Generale Transatlantique, C.C.A.N.Y., 43 F.2d 941, 942.
Where testatrix left residue of her estate to be divided equally among named individuals, but provided that, if any of those
beneficiaries should be deceased at time of "ex- ecution" of the will, their share "is" to revert to testatrix' estate, the word
"execution" had reference to time when will should take effect and not to time when will was signed. Central Nat. Bank v.
Stevenson, 25 Del.Ch. 215, 16 A.2d 114, 115.
Writ of assistance is in the nature of an "execution." Davis v. Federal Land Bank of Columbia, 217 N.C. 145, 7 S.E.2d 373,
376.

Attachment distinguished
Term "executions" as used in Code section dealing with commissions which sheriff may charge in cases where
sheriff has collected a judgment on execution without mak- ing a sale of the judgment debtor's property is
sufficiently broad to include attachment, Jones-Noland Drilling Co. v. Bixby, 34 N.M. 413, 282 P. 382. 384.
Under an attachment, property of defendant is placed in custody of law to await final determination of suit, and
EXECUTION
the attachment is really a preliminary execution depend- ent for its ultimate efficacy upon the rendering of a judg-
ment in plaintiff's favor; on the other hand, an "execu- tion" is a remedy afforded by 4.w for the enforcement of a
judgment of the court. J. M. Radford Grocery Co. v. Owenby, Tex.Civ.App., 34 S.W.2d 385, 387.

Criminal Law 677

The carrying into effect of the sentence of the law by the infliction of capital punishment. 4 BI.Comm. 403; 4
Steph.
Comm. 470. French Law
A method of obtaining satisfaction of a debt or claim by sale of the debtor's property privately, ti. e., without judi-
cial process, authorized by the deed or agreement of the parties or by custom; as, in the case of a stockbroker,
who may sell securities of his customer, bought under his in- structions or deposited by him, to indemnify himself
or make good a debt. Arg.Fr.Merc.Law, 557.

Garnishment
Execution includes writ of garnishment. Buckley v. F. L. Riley Mercantile Co., 155 Miss. 150, 124 So. 267.
Garnishee execution is an execution against property. In re Howard Hotel Corporation, 150 Misc. 782, 270 N.Y.S.
259.
Garnishment after judgment "is execution" within stat- ute providing that execution , shall only be issued from
court in which judgment is rendered. Though a garnish- ment is not an execution, garnishment after execution is
practically an equitable execution. First Nat. Bank of Cordell v. City Guaranty Bank of Hobart, 174 Okl. 545, 51
P.2d 573, 576.

Order of Sale
"Execution" in statute includes an order of sale. Bart- lett Mortg. Co. v. Morrison, 183 Okl. 214, 81 P.2d 318, 322;
Blanscet v. Palo Duro Furniture Co., Tex.Civ.App., 68 S. W.2d 527, 528.

Practice
The name of a writ issued to a sheriff, constable, or marshal, authorizing and requiring him to execute the
judgment of the court. Raulerson v. Peeples, 81 Fla. 206, 87 So. 629, 630.

Exhaustion Of Administrative Remedies.- The doctrine is that, where an administrative remedy is provided by statute,
relief must be sought from administrative body and such remedy exhausted before courts will act. Abelleira v. District
Court of Appeal, Third Dist., 17 Ca1.2d280, 109 P.2d 942, 949, 132 A.L.R. 715; Hill v. Brisbane,66 Cal.App.2d 15, 151
P.2d 578, 582.
Fallo. - In Spanish law. The final decree or judgment given in a controversy at law.

Final Decision. (Final judgment) - One which leaves nothing open to further dispute and which sets at rest cause of
action between parties. Hammond v. Boston Terminal Co., 295 Mass. 566, 4 N.E.2d 328.
One which settles rights of parties respecting the subject-matter of the suit and which concludes them until it is reversed
or set aside. Orwig v. Conley, 322 Ill. 291, 153 N.E. 371, 372; Pawtucket Cabinet & Builders' Finish Co. v. People's
Excursion Line, 45 R.I. 426, 123 A. 354. See, however, Wyman v. Hageman, 318 Ill. 64, 148 N.E. 852, 855.
The filing of signed findings and conclusions and order for judgment. Crane v. First Nat. Bank, 26 N.D. 268, 144 N.W. 96,
97.
Synonymous with final judgment or decree. In re Tiffany, 252 U.S. 32, 40 S.Ct. 239, 240, 64 L.Ed. 443.
Also, a decision from which no appeal or writ of error can be taken. Moore v. Mayfield, 47 Ill. 167; 6 El. & Bl. 408; U. S. v.
Tod, C.C.A.N.Y., 1 F.2d 246, 251;Blanding v. Sayles, 23 R.I. 226, 49 A. 992.

Final Order - An order or judgment of the Court that finally disposes of the rights of the parties.
Also known as a final award or a final judgment.
Distinguished from an interim order or an interlocutory order.
A final order usually, but not always, is one which ends litigation.
Typically, judicial review or an appealis only permissible as against a final order. This was the issue when the words final
order came before the Ontario Court of Appeal in Sherchanski v Lewis. Justice Arnup's words:
"It is well-established law that on an application made in an action, the order made may be intercutory if a certain result
is reached but may be final if a different result is reached. Thus an order dismissing an action because the statement of
claim discloses no cause of action known to law is a final order, whereas an order dismissing an application nrought for
that purpose is interlocutory. Similarly, an order setting aside a default judgment, with or without terms, is interlocutory,
whereas an order dismissing an application to set aside a default judgment is final."

Forum Shopping- Forum shopping is the informal name given to the practice adopted by some litigants to havetheir legal
case heard in the court thought most likely to provide a favorable judgment.
Some states have, for example, become notorious as plaintiff friendly jurisdictions and so have becomelitigation magnets
even though there is little or no connection between the legal issues and thejurisdiction in which they are to be litigated.
Examples include the attraction of foreign litigants to the United States due to its expansiveacceptance of personal
jurisdiction and favorable litigation climate, and the United Kingdom forits stricter defamation laws.
The term has become adopted in a wider context for the activity of repeatedly seeking a venueor willing listener for a
concern, complaint or action, until one is found.

Hearsay- Hearsay is information gathered by one person from another person concerning some event, condition, or thing
of which the first person had no direct experience nor can it be adequately substantiated[1]. When submitted as evidence,
such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of the use of
such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally
not allowed. This prohibition is called the hearsay rule.
For example, a witness says "Susan told me Tom was in town" as the witness's evidence to the fact that Tom was in town.
Since the witness does not offer in this statement the personal knowledge of the fact, this witness statement would be
hearsay evidence to the fact that Tom was in town, and not admissible. Only when Susan testifies herself in the current
judicial proceeding that she saw Tom in town, that Susan's testimony becomes admissible evidence to the fact that Tom
was in town. However, a witness statement "Susan told me Tom was in town" can be admissible as evidence in the case
against Susan when she is accused of spreading defamatory rumors about Tom, because now the witness has personal
knowledge of the fact that Susan said (i.e., pronounced the defamatory words) "Tom was in town" in the presence of the
witness and it is an opposing partys statement that constitutes a verbal act.[2][3]
Double hearsay is when a hearsay statement offered as evidence contains another hearsay statement.
For example, a witness wants to testify that: "a very reliable man informed me that Wools-Sampson told him". The
statements of the very reliable man and Wools-Sampson are both hearsay submissions on the part of the witness, and the
second hearsay (the statement of Wools-Sampson) depends on the first (the statement of the very reliable man). In a court,
both layers of hearsay must be found separately admissible. In this example, the first hearsay also comes from an
anonymous source and the admissibility of an anonymous statement requires additional legal burden of proof.
Many jurisdictions that generally disallow hearsay evidence in courts permit the more widespread use of hearsay in non-
judicial hearings.
Hearsay [rule]. Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what
he has heard others say. That which does not derive its value solely from the credit of the witness, but rests mainly on the
veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in
specified cases from necessity. State v. Ah Lee, 18 Or. 540, 23 P. 424, 425. Young v. Stewart, 191 N.C. 297, 131 S.E. 735,
737.
It is second-hand evidence, as distinguished from original evidence; it is the repetition at second-hand of what would be
original evidence if given by the person who originally made the statement. Literally, it is what the witness says he heard
another person say. Stockton v. Williams, 1 Doug., Mich., 546, 570 (citing 1 Starkie, Ev. 229).
Evidence, oral or written, is hearsay when its probative force depends in whole or in part on the competency and
credibility of a person other than the witness. State v. Kluttz, 206 N.C. 726, 804, 175 S.E. 81.
Hearsay is a statement made by a person not called as a witness, received in evidence on the trial. People v. Kraft, 36
N.Y.S. 1034, 1035, 91 Hun, 474.
The term is sometimes used synonymously with "report", State v. Vettere, 76 Mont 574, 248 P. 179, 183; and with
"rumor".
Hierarchy [of courts]- "Hierarchy" is classification of legislation according to the level of government (national, provincial
or local) whereat it is passed. Statutes which prevail over others are "superior" to them, and superior statutes can be
either original or delegated,see beloweven within one level of government. In certain circumstances, however, in
certain levels of government, delegated legislation is always subordinate; likewise the Constitution, "not passed by
Parliament, but [...] adopted by the Constitutional Assembly,"[18] is always supreme, in that any law inconsistent with it is
invalid, and in that the obligations it imposes must be fulfilled.[19][20]

Impleaded. - Sued or prosecuted; used particularly in the titles of causes where there are several defendants; as "A. B.,
impleaded with C. D."
In Pari Materia. - Upon the same matter or subject. Statutes in pari materia are to be construed together. State v.
Gerhardt, 145 Ind. 439, 44 N.E. 469, 33 L.R.A. 313.

In Re. In the affair; in the matter of; concerning; re. This is the usual method of entitling a judicial proceeding in which
there are not adversary parties, but merely some res concerning which judicial action is to be taken, such as a bankrupt's
estate, an estate in the probate court,a proposed public highway, etc. It is also sometimes used as a designation of a
proceeding where one party makes an application on his own behalf, but such proceedings are more usually entitled "Ex
parte ."

Indirect Contempt- The issue of indirect contempt needs further discussion because while the Order of the RTC to allow
audit of books of HEVRI has been rendered moot, it does not change the fact that at the time that the Order was a
standing pronouncement, petitioners refused to heed it. Section 3, paragraph (b), Rule 71 of the Rules of Court provides:
Sec. 3. Indirect contempt to be punished after charge and hearing. After a charge in writing has been filed, and an
opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard
by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt:
xxxx
(b) Disobedience of or resistance to a lawful writ, process, order or judgment of a court, x x x.
Contempt of court is defined as a disobedience to the Court by acting in opposition to its authority, justice and dignity. It
signifies not only a willful disregard or disobedience of the courts orders, but such conduct which tends to bring the
authority of the court and the administration of law into disrepute or in some manner to impede the due administration of
justice. Contempt of court is a defiance of the authority, justice or dignity of the court; such conduct as tends to bring the
authority and administration of the law into disrespect or to interfere with or prejudice parties-litigant or their witnesses
during litigation.[18] The asseverations made by petitioners to justify their refusal to allow inspection or audit were rejected
by the trial court.
It may be noted that a person may be charged with indirect contempt by either of two alternative ways, namely: (1) by a
verified petition, if initiated by a party; or (2) by an order or any other formal charge requiring the respondent to show
cause why he should not be punished for contempt, if made by a court against which the contempt is committed. In short,
a charge of indirect contempt must be initiated through a verified petition, unless the charge is directly made by the court
against which the contemptuous act is committed.[19]
Interpleader
Interpleader is civil rocedure that allows a plaintiff to initiate a lawsuit in order to compel twoor more other parties to
litigate a dispute. An interpleader action originates when the plaintiffholds property on behalf of another, but does not
know to whom the property should betransferred. It is often used to resolve disputes arising under insurance contracts.
Usage- In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed
thestakeholder. The money or other property in controversy is called the res. All defendants havinga possible interest in
the subject matter of the case are called claimants. In some jurisdictions,the plaintiff is referred to as the plaintiff-in-
interpleader and each claimant a claimant-in-interpleader.
Interpleader proceeding has two stage. The first stage determines if the stakeholder is entitled toan interpleader and if he
should be discharged from liability. The second stage is like an action atlaw to determine which of the claimants is
entitled to the res.[1]
Application- For example, suppose a person dies with a life insurance policy. However, the insurancecompany
knows there will be a dispute over who should receive the proceeds. The insurancecompany can file an interpleader
action. The insurance company is the stakeholder, theclaimants are the persons who might be beneficiaries under the
policy, and the cash value of thepolicy benefit is the res. Under the proceeding as originally developed, the stakeholder
woulddeposit the res with the court, and then the defendants would have their claims adjudicated bythe court. Statutory
modifications to the procedure (varying, of course, by jurisdiction) sometimesallow the stakeholder to retain the res
pending final disposition of the case. Typically, once thestakeholder deposits the res into the court (for example, the face
value of the insurance policy),the stakeholder is released from the action and the claimants proceed against each other
todetermine which of them is legally entitled to the res. A disinterested stakeholder is entitled tocosts including attorney's
fees. Except for the denominations of the parties, the action proceedsfor the most part as other civil lawsuits in the same
jurisdiction.
In some jurisdictions, the res will earn interest at the legal rate until disbursed. The successfulclaimant is entitled to the
interest as well as the principal.

Interpleader - When two or more persons claim the same thing (or fund) of a third, and he, laying no claim to it himself,
is ignorant which of them has a right to it, and fears he may be prejudiced by their proceeding against him to re- cover it,
he may file a bill in equity against them, the object of which is to make them litigate their title between themselves,
instead of litigating it with him, and such a bill is called a "bill of inter- pleader." Brown; Hall v. San Jacinto State Bank,
Tex.Civ.App., 255 S.W. 506, 509; Alton & Peters v. Merritt, 145 Minn. 426, 177 N.W. 770, 771.

By the statute 1 & 2 Wm. IV. c. 58, summary proceedings at law were provided for the same purpose, in actions of
assumpsit, debt, detinue, and trover. And the same remedy is known, in one form or the other, in most or all of the United
States.

Intervenor.- An intervenor is a person who voluntarily interposes in an action or other proceeding with the leave of the
court. Ladue v. Goodhead, 181 Misc. 807, 44 N.Y.S.2d 783, 787.

Ipso Facto. - By the fact itself; by the mere fact. By the mere effect of an act or a fact. Barber Asphalt Paving Co. v.
Hayward, 248 Mo. 280, 154 S.W. 140, 141. In English ecclesiastical law.
A censure of excommunication in the ecclesiastical court, immediately incurred for divers offenses, after lawful trial.
Black's Law Dictionary Revised 4th Ed.-61 961

Ipso Jure. - By the law itself; by the mere operation of law. Calvin.

Joinder Of Actions. This expression signifies the uniting of two or more demands or rights of action in one action; the
statement of more than one cause of action in a declaration. (Blacks Law Dictionary)
Judgment- decision of a court regarding the rights and liabilities of parties in a legal action or proceeding
Judgment on the merits- as the real or substantial grounds of action or defense, the judgment is based on a declaration of
the law to the respective rights and duties of the parties, based upon the ultimate fact or state of facts disclosed by the
pleadings and evidence, and upon which the right of recovery depends, irrespective of formal, technical or dilatory
objectives or contentions." (Allied Banking Corporation v. Court of Appeals, 1994)
Judgment on the Pleadings - a judgment rendered by the court prior to a verdict because no material issue of fact exists
and one party or the other is entitled to a judgment as a matter of law (Based on WordNet 3.0, Farlex clipart collection.
2003-2012 Princeton University, Farlex Inc.) -A party is entitled to judgment on the pleadings only if it is clear that no
material issues of fact remain to be resolved and that it is entitled to judgment as a matter of law.(Citibank, N .A. v.
Morgan Stanley & Co. Intl, PLC, 724 F. Supp. 2d 407, 414 (S.D.N.Y. 2010))

Judgment - A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App.D.C. 282, 22
F.2d 588, 590.

An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790.

The conclusion in a syllogism having for its major and minor premises issues raised by the pleadings and the proofs
thereon. Barlow v. Scott, Mo.Sup., 85. S.W.2d 504, 517.
The formation of an opinion or notion concern- ing some thing by exercising the mind upon it. Cleveland Clinic
Foundation v. Humphrys, C.C.A. Ohio, 97 F.2d 849, 857.

The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or
suit therein litigated and submitted to its determination. People v. Re- bel, 19 Colo.App. 523, 76 P. 550; Bullock v. Bul-
lock, 52 N.J.Eq. 561, 30 A. 676, 27 L.R.A. 213, 46 Am.St.Rep. 528; State v. Brown & Sharpe Mfg. Co., 18 R.I. 16, 25 A.
246, 17 L.R.A. 856.

Judgment on the Merits - A judgment on the merits is a decision arrived at after the facts have been presented and the
court has reached a final determination of which party is correct. For example, in a Negligence lawsuit that is tried to a
jury, the final decision will result in a judgment on the merits.

A judgment based solely on a procedural error is a dismissal Without Prejudice and generally will not be considered a
judgment on the merits. A party whose case is dismissed without prejudice can bring the suit again as long as the
procedural errors are corrected. A party that receives a judgment on the merits is barred from relitigating the same issue
by the doctrine of Res Judicata. This doctrine establishes the principle that an issue that is judicially decided is decided
once and for all.

Judgment on the Pleadings - Motion for judgment on the pleadings is a partys request to the court to rule in his/her
favor based on the pleadings on file, without accepting evidence, as when the outcome of the case rests on the court's
interpretation of the law.

A function of a motion for judgment on the pleadings is to dispose of baseless claims or defenses when the formal
pleadings reveal their lack of merit. A motion for judgment on the pleadings is the proper procedure when all of the
material allegations of fact are admitted in the pleadings and only questions of law remain. When the pleadings do not
resolve all factual issues, judgment on the pleadings is generally inappropriate. [Ragsdale v. Kennedy, 286 N.C. 130, 209
S.E.2d 494 (1974)]

Judicial Admissions. An admission, verbal or written, made by the party in the course of the proceedings in the same
case, does not require proof. The admission may be contradicted only by showing that it was made through palpable
mistake or that no such admission was made.
(Rule 129 Sec.4 of the Revised Rules on Evidence of the Rules of Court) (http://www.lawphil.net/courts/rules/rc_128-
134_evidence.html

Judicial Notice.- The act by which a court, in conducting a trial, or framing its decision, will, of its own motion, and
without the production of evidence, recognize the existence and truth of certain facts, having a bearing on the controversy
at bar, which, from their nature, are not properly the subject of testimony, or which are universally regarded as
established by common notoriety, e. g., the laws of the state, international law, historical events, the constitution and
course of nature, main geographical features, etc. (Blacks Law Dictionary)

Judicial Review- the power of the Supreme Court to pass judgment upon the constitutionality of a statute or an
administrative action

Juridical Capacity- synonymous to legal capacity and to personality. These terms are, therefore, used interchangeably in
the law. They all refer to the aptitude for the holding and enjoyment of rights. (Tolentino Civil Code Annotations).

Jurisdiction- power and authority of a competent court to hear, try, and decide a case. (Textbook on the Philippine
Constitution by Hector de Leon, 2008 ed.)

Justiciable Controversy. -A controversy in which a claim of right is asserted against one who has an interest in
contesting it. (Blacks Law Dictionary)

Justiciable Issue - implies a given right, legally demandable and enforceable, an act or ommission violate of such right,
and remedy granted and sanctioned by law, for said breach of right (Miranda vs Aguirre 112 SCAD 563 [1999]) (Law
Dictionary. Definition of Terms and Phrases of Philippine Jurisprudence Third Edition. Authored by Ernesto C. Salao.
Published by Rex Book Store in 2013)

Law of the Case [Doctrine]- The decision, judgment, opinion or rulings on former appeal or writ of error become "law of
the case." so, too, a holding of an appellate court on writ of certiorari, binding on subsequent appeal or writ of error, or on
subsequent proceedings, or trials in trial court, or in subsequent suit between same parties. The doctrine expresses
practice of courts generally to refuse to reopen what has been decided. It expresses the rule that final judgment of highest
court is final determination of parties' rights. The doctrine has reference to decisions on legal questions and principles of
law announced. And does not embrace questions of fact or decisions on questions of fact. The doctrine includes all errors
relied on for reversal, whether mentioned in court's opinion or not, and all errors lurking in record on first appeal, which
might have been, but were not, expressly relied on. The doctrine is generally deemed applicable whether former
determination is right or wrong. But some cases hold that doctrine is inapplicable where prior decision is unsound or
incorrect principles were announced or mistake of fact was made on first appeal. (Blacks Law Dictionary)
Lex Loci- literally mean law of the locality/state - The law of the state or the nation where the matter in litigation
transpired. - In the doctrine of Lex Loci Celebrationis , the forms and solemnities of contracts, wills and other public
instruments shall be governed by the laws of the country in which they are executed
Lis Mota. A controversy moved or begun. By this term is meant a dispute which has arisen upon a point or question
which afterwards forms the issue upon which legal proceedings are instituted. (Blacks Law Dictionary)

Majority decision- In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court.
A majority opinion sets forth the decisionof the court and an explanation of the rationale behind the court's decision

Mandamus- writ commanding a tribunal, corporation, board or person to do the act required to be done when it or he
lawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or
station or unlawfully excludes another from the use or enjoyment of a right or office to which such other is entitled, there
being no other plain, speedy and adequate remedy in the ordinary course of law.

Mittimus- Criminal practice. The name of a precept in writing, issuing from a court or magistrate, directed to the sheriff
or other officer, commanding him to convey to the prison the person named therein, and to the jailer, commanding him to
receive and safely keep such person until he shall be delivered by due course of law.

Motion- an application for relief, other than by a pleading.

Motion For Reconsideration-legal filing which someone can make to ask a court to review a decision and consider
issuing a new decision in light of the review.

Motu proprio- of ones own accord; powers of the prosecutor at the International Criminal Court to investigate and bring
charges, or not, as against an individual suspected of international crimes (http://www.duhaime.org/LegalDictionary)

Mutatis Mutandis- Lat. With the necessary changes in points of detail, meaning that matters or things are generally the
same, but to be altered when necessary, as to names, offices, and the like
Necessary party- one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as
o those already parties, or for a complete determination or settlement of the claim subject of the action.

Negative Defense- refers to a defendant's outright denial of the plaintiff's allegations without there being any additional
facts pleaded by way of avoidance. A defense is a denial, or answer or plea in opposition to the truth or validity of a claim
by a plaintiff. (http://definitions.uslegal.com)

Negative Pregnant- a denial of an allegation in which a person actually admits more than he/she denies by denying only
a part of the alleged fact.
Example: Plaintiff alleges Defendant "misused more than a hundred thousand dollars placed in his trust in 1994."
Defendant denies the amount was more than a hundred thousand, and denies it was given to him in 1994. Thus, he did
not deny the misuse, just the amount and the
date. http://dictionary.law.com/Default.aspx?selected=1313#ixzz3nZPn13Ik

Notatu Dignum- is the presumption of regularity in the performance of a judge's functions, hence bias, prejudice and
even undue interest cannot be presumed.
(http://www.lawphil.net/judjuris/juri2006/jul2006/am_rtj_06_1996_2006.html)

Nunc Pro Tunc Judgments- the office is to record some act of the court done at a former time which was not then carried
into a record, and the power of the court to make such entries is restricted to placing upon the record the evidence of
judicial action which has been actually taken. It may be used to make the record speak the truth, but not to make it
speak what it did not speak but ought to have spoken.

Obiter Dictum- that which is said in passing; Words of a prior opinion entirely unnecessary for the decision of the case

Pendente Lite- Administration during the suit. Administration granted during the pendency of a suit touching the
validity of a will

Per Curiam- Lat. By the court. A phrase used in the reports to distinguish an opinion of the whole court from an opinion
written by any one judge. Sometimes it denotes an opinion written by the chief justice or presiding judge

Plain Meaning rule- a principle used by courts in interpreting contracts that provides that the objective definitions of
contractual terms are controlling irrespective of whether the language comports the actual intention of the parties.
The plain meaning of the contract will be followed where the words usedwhether written or oral
have a clear and unambiguous meaning. Words are given their ordinary meaning; technical terms
are given their technical meaning.

Pleadings- The pleadings are the formal allegations by the parties of their respective claims and defenses, for the
Judgment of the court. (http://thelawdictionary.org/)

Ponente- Judge; refers in general to the writer of a courts majority decision.

Precedent- An adjudged case or decision of a court of justice, considered as furnishing an example or authority for an
identical or similar case afterwards arising or a similar question of law

Prejudicial question- one that arises on a case the resolution of which is a logical antecedent of the issue involved
therein. And the cognizance of which pertains to another tribunal.

Preliminary Attachment- a provisional remedy issued upon order of the court where an action is pending to be levied
upon the property or properties of the defendant therein, the same to be held thereafter by the sheriff as security for the
satisfaction of whatever judgment might be secured in said action by the attaching creditor against the defendant.
(lawphil.net)
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 a particular act or acts. It may also require the
performance of a particular act or acts in which case it shall be known as a preliminary mandatory injunction.

Pre-trial - a conference held before the trial begins to bring the parties together to outline discovery proceedings and to
define the issues to be tried; more useful in civil than in criminal cases.

Prima facie - Latin for "on its face." A prima facie case is one that at first glance presents sufficient evidence for the
plaintiff to win.

Primary jurisdiction- the right or responsibility of an administrative or regulatory agency to pass initially on
controversies involving matters of fact or discretion within its sphere before relief is sought in the courts

Pro bono- "for the public good"; denoting work undertaken for the public good without charge, especially legal work for a
client with low income

Pro hac vice- Latin meaning "for this one particular occasion." The phrase usually refers to an out-of-state lawyer who
has been granted special permission to participate in a particular case, even though the lawyer is not licensed to practice
in the state where the case is being tried.

Pro se- A Latin phrase meaning "for himself" or "in one's own behalf." This term denotes a person who represents herself
in court. It is used in some states in place of "in pro per" and has the same meaning

Question of Fact - There is a question of fact when the doubt or difference arises as to the truth or falsehood of the facts
alleged.

Question of Law - There is a question of law when the doubt or difference arises as to what the law is on a certain state of
facts.

Ratio Decidendi - "the reason for deciding" - The principle or rule of law on which a court's decision is founded - The rule
of law on which a later court thinks that a previous court founded its decision; a general rule without which a case must
have been decided otherwise.

Ratio Legis - "reason for the law" - The reason or principle behind a law

Real Party in Interest - He is the party who stands to be benefited or injured by the judgment in the suit, or the party
entitled to the avails of the suit.

Recusal - In the civil law. A species of exception or plea to the jurisdiction, to the effect that the particular judge is
disqualified from hearing the cause by reason of interest or prejudice.

(Additional) - the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to conflict
of interest or other good reason. - the process in which, because of self interest, bias or prejudice, on the objection of
either of the parties, disqualified from hearing a lawsuit.

Rejoinder - In common-law pleading. The second pleading on the part of the defendant, being his answer of matter of fact
to the plaintiffs replication.

Relief from Judgment - An equitable remedy allowed in exceptional cases when there is no other available or adequate
remedy that will allow for substantive justice. - When a judgment or final order is entered, or any other proceeding is
thereafter taken against a party in any court through fraud, accident, mistake, or excusable negligence, he may file a
petition in such court and in the same case praying that the judgment, order or proceeding be set aside.

Res Gestae - latin for "things done" - those circumstances which are the automatic and undersigned incidents of a
particular litigated act, which may be separated from act by lapse of time more or less appreciable, and which are
admissible when illustrative of such act.

(Additional) - The whole of the transaction under investigation and every part of it. it is considered as an exception to the
hearsay rule. In its operation it renders acts and declarations which constitute a part of the things done and said
admissible in evidence, even though they would otherwise come within the rule excluding hearsay evidence or self-serving
declarations. The rule is extended to include, not only declarations by the parties to the suit, but includes statements
made by bystanders and strangers, under certain circumstances. - it means all circumstances surrounding and
connected with a happening.

Res Ipsa Loquitur - latin for "the thing speaks for itself" - Rebuttable presumption that defendant was negligent, which
arises upon proof that instrumentality causing injury was in defendant's exclusive control, and that the accident was one
which ordinarily does not happen in absence of negligence.

(Additional) - a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused
the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not
have happened. - examples: a) a load of bricks on the roof of a building being constructed by Highrise Construction Co.
falls and injures Paul Pedestrian below, and Highrise is liable for Pedestrian's injury even though no one saw the load fall.
b) While under anesthetic, Isabel Patient's nerve in her arm is damaged although it was not part of the surgical procedure,
and she is unaware of which of a dozen medical people in the room caused the damage. Under res ipsa loquitur all those
connected with the operation are liable for negligence.

Res Judicata a case or controversy that is already decided with finality and, therefore, deemed conclusive insofar as it
applies to the subject matter of the controversy until and unless it is reversed.

Rollo - ("RoLLO") is the United Nations Rule of Law liaison Office, which monitors activities in the rule of law.
Ruling - A judicial or administrative interpretation of a provision of a statute, order, regulation, or ordinance. The judicial
determination of matters before the court such as the admissibility of evidence or the granting of a motion, which is an
application for an order. Court decision on a case or any legal question.

Separate Opinion - an opinion written by a judge separately from other judges, which can either agree or disagree with
the opinion written by the majority of judges

Sharia - is an Arabic word meaning path or way. Today the term is used most commonly to mean Islamic law, the
detailed system of religious law developed by Muslim scholars in the first three centuries of Islam and still in force among
fundamentalists today.

(Islam) the body of canonical law based on the Koran that lays down certain duties and penalties for Muslims

Sin Perjuicio Judgment -A judgment without a statement of the facts in support of its conclusion to be later
supplemented by the final judgment.

Stare Decisis -When the Court has once laid down a principle as applicable to a certain state of facts, it will adhere to
that principle and apply it to all future cases where the facts are substantially the same.

Sub Judice -Before the court; in litigation -Under judicial consideration and therefore prohibited from public discussion
elsewhere.

Summary Judgment -A judgment in an action which is entered without plenary trial, based upon the affidavits of the
parties.

Traverse -To deny an allegation in a pleading. [3] 1 Dizon vs Lopez A.M. No. RTJ-96-1338. September 5, 1997 2
Government vs. Jalandoni, 44 O.G. 1840 3 Legal Dictionary, M.H. Guandolo, 1968, Ottenheimer Publisher's, Inc.