Basic Legal Terms Philippines

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Government agency empowered to resolve disputes. Judges sometimes use the term «court» to refer to themselves in the third person, as in «the court read the pleadings.» Acquittal A court decision based on a jury or judge`s decision that an accused is not guilty of the crime for which he or she was charged or tried. False detention Intentionally detaining another person without having the legal right to do so. There is no need for physical violence; Threats or a demonstration of apparent authority are sufficient. False detention is an offence and a misdemeanour (a civil injustice). If the perpetrator imprisons (or displaces) the victim for an extended period of time to commit a crime, the false detention may become kidnapping. Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. All financial interests of the debtor at the time of filing the application for insolvency.

The estate technically becomes the temporary rightful owner of all the debtor`s assets. The list is of a general nature and does not constitute legal advice. If there`s something you don`t understand or can`t find here and you don`t have legal counsel to help you, please contact our law firm. If you don`t work in the legal profession or see a lot of legal dramas on TV, you`re probably not too familiar with some of the terms used. Law firms and courtrooms have their own language, and not all of us understand the terminology. Some words may sound familiar, but they can have completely different meanings in terms of law. Even if you never need a lawyer, it`s good to know the basics and what they mean. Hearing This is a court case (not a trial) that takes place before a judge or administrative authority. Evidence and arguments are presented to resolve a contentious factual or legal issue. A court decision in a previous case with facts and legal issues similar to a legal dispute currently being heard by a court. Judges «generally follow precedents,» that is, they apply the principles established in previous cases to rule on new cases that have similar facts and raise similar legal issues.

A judge will disregard precedents if a party can prove that the previous case was tried incorrectly or that it differed significantly from the current case in some way. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. An insolvency document that contains basic information about the debtor, including the name, address, chapter under which the case is filed and the estimated amount of assets and liabilities. Prison sentences for two or more offences served simultaneously and not consecutively. Example: Two five-year prison sentences and a three-year prison sentence result in a maximum of five years behind bars if served at the same time. A legal process to address individual and corporate debt issues; in particular, a case filed under one of the chapters of Title 11 of the United States Code (the Bankruptcy Code). Instructions from a judge to the jury before it begins to deliberate on the factual questions it must answer and the legal rules it must apply. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area for which the court has jurisdiction to rule on cases. A full-time lawyer employed by the federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Lawyers Programme in accordance with the Criminal Justice Act.

Action brought by a plaintiff against a defendant on the basis of a claim that the defendant had failed to comply with a legal obligation that caused harm to the plaintiff. Written statements submitted to the court describing a party`s legal or factual allegations about the case. In criminal law, the constitutional guarantee guarantee guarantees that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens freedom or property. If you or a loved one is being sued, there are a lot of new terms you will come across. While we may not be able to provide all of the related terms here on this website, we have selected some of the most important legal terms you need to be aware of. Trafficking in human beings Any person who knowingly sells, buys, manufactures, supplies or places them in that state, or who is knowingly in possession of real or implied illicit drugs (e.g., cannabis, cocaine, heroin, methamphetamine, etc.). These terms are just a small selection of many that you need to know in the legal field.

See the following websites for more definitions. Murder The murder of a human being by another human being. The term refers to all these murders, criminal and non-criminal. Murder is considered non-criminal in a number of situations, including deaths due to war and the execution of a person by valid punishment from a court. It can be legally justified or excused, as in cases of self-defence or when a person is killed by another person who is trying to prevent a violent crime. Criminal murder occurs when one person intentionally, knowingly, recklessly or negligently causes the death of another person. Murder and manslaughter are examples of criminal homicide. The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions.

With regard to civil actions in «justice» and not in «law». In English legal history, courts could order the payment of damages and could not afford any other remedy (see Damages). A separate «justice» court might ask someone to do something or stop doing something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is still important. For example, a jury trial is usually available in «legal cases,» but not in «equity cases.» The legal system, which originated in England and is now used in the United States, is based on the articulation of legal principles in a historical sequence of court decisions. The principles of the common law may be amended by legislation. The study of the law and the structure of the legal system The chapter of the Bankruptcy Code, which provides for the adjustment of the debts of a «family farmer» or a «family fisherman», as defined in the Bankruptcy Code. Remove the use of evidence at a hearing because it is inappropriate or has not been properly obtained. Assets of a debtor that can be liquidated to satisfy creditors` claims. Jury selection process, during which potential jurors are interviewed to determine their qualifications and determine the basis of the challenge.

Coercion The use of physical force or threats to force someone to commit an act against their will. Plea One or more related charges were combined and laid against a defendant for wrongdoing. Jury suspended Jury Jury whose members cannot unanimously agree on the guilt or innocence of the accused. A person (or company) against whom a lawsuit is filed. Annulment of the jury Acquittal of an accused by a jury in disregard of the judge`s instructions and contrary to the jury`s findings of fact. This often happens because the jury sympathizes with the accused or the law of which the accused is accused. Application A request to a court or judge requesting a decision or order in favour of the applicant. 1. The process of questioning a witness` testimony. For example, if the lawyer can prove that the witness may have fabricated parts of his or her testimony, the witness is said to be «accused.» 2.