Legal Terminologies in the Philippines

In civil law, and as used and understood in general legal jargon, a privilege and/or office is synonymous with “gravamen”. (Raminer v. Investment & Development Inc., SP-08793, June 14, 1979) 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. If you or a loved one is being sued, there are a lot of new terms you will come across.

While we cannot provide all related terms here on this website, we have selected some of the most important legal terms for you. You`ve probably heard the metaphor “Everything is Greek to me” when someone doesn`t understand a topic or situation or is completely confused. The law is “Greek” to many people: it is often misunderstood and legal terminology is abused by most people. A request for everyday expression is a written request and describes in legal language a written request to a court that contradicts a request that can be made viva voce. (oral) – Mendoza v. Hahn The list is of a general nature and is not intended to serve as 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. Title: The legal basis for the ownership of real estate or personal property or a document that serves as proof of such ownership. Certificates for real estate and titles for cars and boats are examples of titles. Preliminary Remedy: An interim court order to protect someone from further harm or irreparable while another legal action is pending. For example, a preliminary injunction is a preliminary remedy to protect someone until a hearing to decide whether a permanent injunction is necessary.

Similarly, an injunction to stop the destruction of a building can prevent its destruction while the court decides whether it is a landmark. Civil law: 1) Generic term for all non-criminal law, usually for the settlement of disputes between individuals or institutions. 2) A set of laws and legal concepts derived from Roman law instead of English common law. (English common law is the foundation of state legal systems in the United States, with the exception of Louisiana.) demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit arguing for rejection and saying that even if the facts are true, there is no legal basis for a trial. This is, for example, a missing element of necessary action or a complaint that is unclear. The judge can accept and “allow changes,” which gives the requester the opportunity to amend the complaint. If it is not amended to the satisfaction of the judge, demurrage is granted. (Some states use a motion to refuse.) Misconduct: Doing something illegal or morally reprehensible. Misconduct includes dishonesty and abuse of authority.

These terms are just a small selection of many that you need to know in the legal field. For more definitions, see the following Web sites. Issued by Presidential Decree No. 1949; a lawyers` fee fund to increase allowances for members and staff of the judiciary and to finance the acquisition, maintenance and repair of office equipment and equipment. Misdemeanour: From the French word for “wrong”, a misdemeanour is an illegal or illegal, intentional or accidental act, in which harm by another occurs. Intentional tort may also constitute a criminal offence, such as assault, fraud or theft. Tort law is one of the most important areas of civil law. Established by law (RA 9227), The granting of additional compensation in the form of special allowances for judges, judges and all other posts of the judiciary having the same rank of judges of the Court of Appeal and judges of the Regional Court of First Instance up to 100 per cent of the basic monthly amount indicated for their respective salary levels; legal costs. As a paralegal, you need to familiarize yourself with legal terms and, in particular, the terms used in the area of law in which you work. If you work for a public defender, prosecutor or criminal defense lawyer, you will deal with more criminal law concepts.

When working with companies, you need to focus on corporate law, contractual terms and the Unified Commercial Code (UCC). The same principle applies to cooperation with tax lawyers, family law or inheritance law. Understanding legal terminology is essential to understanding the law itself and its proper application in research, legal analysis, document preparation, and compliance with local, state, and federal justice systems. Title Search: An investigation of public records to determine the condition of a title and to confirm that the seller of a property is the rightful owner of the title. A cloud on title such as a lien, an unregistered owner, or divergent property descriptions on previous deeds can be a reason to cancel a purchase on a property. Trade Any person who knowingly sells, buys, manufactures, supplies or imports into that state or who is knowingly in actual or implied possession of illicit drugs (e.g., B cannabis, cocaine, heroin, methamphetamine, etc.). Murder The murder of a human being by another human being. The term applies 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 killing of a person by the valid judgment of 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 homicide occurs when a person intentionally, knowingly, recklessly or negligently causes the death of another person.

Murder and manslaughter are examples of criminal homicide. False detention Intentional detention of another person without having the legal right to do so. It is not necessary to use physical force; Threats or a demonstration of apparent authority are sufficient. False detention is an offence and a misdemeanour (a civil injustice). If the perpetrator imprisons the victim for an extended period of time (or puts them at a significant distance) in order to commit a crime, the false detention may become kidnapping. Acquittal A legal judgment based on the decision of a jury or judge that an accused is not guilty of the crime for which he or she was charged or tried. In addition, some terms can mean a number of things depending on the context. Take, for example, “Lynch.” Under California Penal Code 405a, a lynching is “the removal of a person by sedition from the legal custody of a peace officer.” However, the word “lynching” can also refer to the murder of a person without legal authorization, usually by hanging; and “lynching” refers to the punishment of alleged crimes or misdemeanours, usually by death, without due process.

As you can see, the way a term is used often dictates what it means. So when you go through these terms, remember that there may be discrepancies in legal definitions. Fees, fixed salaries and allowances to which the office holder is legally entitled because he holds such an office or has provided a service requested by the office holder. (F.B. Moreno, Philippine Law Dictionary [Manila, Vera-Reyes, Inc. 1988]) mens rea (menz ray-ah) Latin for a “guilty mind”; Mens rea is used to describe a guilty state of mind, the criminal intent of the individual in committing a criminal act. For some crimes, this intention must have been present for a person to be guilty of the crime. Plea One or more related charges combined against a defendant for wrongdoing. Latin for “the case has been decided” and refers to the principle that a final judgment of a competent court is conclusive for the parties in each subsequent dispute with the same means. Information essential to a plaintiff`s right to bring an action or a defendant`s right to defend himself. Miscarriage A trial that is invalid due to fundamental procedural errors, misconduct, or a suspended jury.

A judge may decide the case for a new trial or a new trial at a later date. Crimes are committed not only by deception (dolo), but also by fault (culpa). Status: A written law passed by Congress or another legislative body. Adjective law (or procedural law): An area of law that deals with procedural rules of evidence, pleadings and practices. The purpose of a request for reconsideration is to draw attention to the findings and conclusions of the decision that, in the opinion of the move, are not supported by law or evidence. The Movant is therefore very often obliged to extend or further discuss issues that have already been referred by the court. – Siy v Court of Appeal 138 SCRA 543 A method of determining a person`s taxable income, based on the general theory that sums and other assets from a taxpayer`s liabilities (after a precise and appropriate adjustment of non-deductible items) that are not taken into account in his tax returns, concludes that: this part of his income has not been reported. (Perez v. Tax Court of Appeal, 103 Phil 1167) Assertion of a new case which, while expressly or implicitly authorizing the essential allegations of the complaint, would nevertheless prevent or prevent recovery by the plaintiff […].