Legal English Reviewer

original jurisdiction - actions or proceedings are originally filed with it. exclusive jurisdiction - where one court has the power to adjudicate a case to the exclusion of all other courts. special jurisdiction - courts' jurisdiction over certain types of cases such as bankruptcy, claims against the government, probate, family matters, immigration and customs, or limitations on courts' authority to try cases involving maximum amounts of money or value. general jurisdiction - refers to a court that holds the authority to hear all types of cases except those prohibited by the laws in that state. Case types include civil, criminal, family, probate, and others. universal jurisdiction - allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity. limited jurisdiction - courts' jurisdiction over certain types of cases such as bankruptcy, claims against the government, probate, family matters, immigration and customs, or limitations on courts' authority to try cases involving maximum amounts of money or value. concurrent jurisdiction - is the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter. appellate jurisdiction - the power of a higher court to review decisions and change outcomes of decisions of lower courts. excess of jurisdiction - A court's departure from recognized and established requirements of law, despite apparent adherence to procedural form, the effect of which is a deprivation of one's constitutional right. grave abuse of discretion - It is the arbitrary or despotic exercise of power due to passion, prejudice or personal hostility; or the whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all in contemplation of law. judicial discretion - the power of the judiciary to make some legal decisions according to their discretion. question of fact - which must be answered by reference to facts and evidence as well inferences arising from those facts. question of law - also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. political question - is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case.

stare decisis - Latin for “to stand by things decided.” precedent.

In short, it is the doctrine of

obiter dicta - a judge's incidental expression of opinion, not essential to the decision and not establishing precedent. court of equity - is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it. ratio decidendi - the rule of law on which a judicial decision is based. prima facie case - the rule of law on which a judicial decision is based. Tort - a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. Possession de Facto - who is entitled to the physical possession of the premises. Possession de Jure – De jure is commonly paired with de facto, which means "in fact." In the course of ordinary events, the term de jure is superfluous. Accion Publiciana - plenary action for recovery of possession in an ordinary civil proceeding, in order to determine the better and legal right to possess, independently of title. accion publiciana is to recover possession only, not ownership. Accion Reinvidicatoria - accion reinvindicatoria is an action to recover ownership over real property. Article 434 of the New Civil Code provides that to successfully maintain an action to recover the ownership of a real property, the person who claims a better right to it must prove two things: first, the identity of the land claimed by describing the location, area, and boundaries thereof; and second, his title thereto. Unlawful detainer – refers to the conduct of a tenant who is in possession of an apartment or leased property and refuses to leave the premises upon the expiration or termination of the lease. Forcible entry – unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force. Joint liability – When two people are jointly liable, each is individually liable for whatever debt or obligation they have together. Jointly and Severally Liable – When two or more partners have joint and several liability for a debt, a creditor may sue any one of the partners. Solidary Liability – When two or more partners obtain a loan for which they are severally liable, each partner is only liable for their own obligation. Copyright – it is the right over literacy and artistic works which are original intellectual creations in the literary and artistic domain protected form the moment of creation.

Trademark – refers to any distinctive words, letters, numerals, drawings, pictures, shapes, colors, logotypes, labels or combinations used to distinguish goods or services. Intellectual Property – refers to the creations of mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Writ of Amparo – remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. Double Jeopardy – When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. Res Judicata – a matter that has been adjudicated by a competent court and may not be pursued further by the same parties. Statute of Limitations – a statute prescribing a period of limitation for the bringing of certain kinds of legal action. Laches – unreasonable delay by the plaintiff in bringing the claim. Prescription – The role that the passage of time plays in the making and ending of certain rights. A way to acquire an easement on or in real property belonging to another by occupying it continuously for a prescribed period of time. See also adverse possession. Personal Action – seeks to enforce an obligation imposed on the defendant by his contract or delict; that is. it is the contention that he is bound to transfer some dominion or to perform some service or to repair some loss. Real Action – affecting title to or possession of real property or interest therein. Failure to state cause of action – A defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a cause of action. Lack of Cause of Action – refers to a situation where the evidence does not prove the cause of action alleged in the pleading. Demurrer - an objection that an opponent's point is irrelevant or invalid, while granting the factual basis of the point.