You are on page 1of 5

A quo

The Latin phrase literally means from which. For example, court a
quo refers to a court from which an appeal has been taken.

Acquittal

The legal certification, by court verdict, that an accused person is not


guilty of the charged offense.

When a person accused of a crime is legally freed by a court


generally as a result of lack of evidence.

Act of state doctrine

Every sovereign state is bound to respect the independence of every


other state, and the courts of one country will not sit in judgment on
the acts of the government of another, done within its territory.
Redress of grievances by reason of such acts must be obtained
through the means open to be availed of by sovereign powers as
between themselves (Underhill vs. Hernandez cited in PCGG vs.
Sandiganbayan).

Action in Personam

It is an action against a person on the basis of his personal liability


(Hernandez vs. Rural Bank of Lucena, Inc.).

It is said to be one which has for its object a judgment against the
person. It is a proceeding to enforce personal rights or obligations;
such action is brought against the person (Macasaet vs. Co, Jr.)
Action in Rem

It is an action against the thing itself, instead of against the person


(Hernandez vs. Rural Bank of Lucena, Inc.).

It may be defined as an action or proceeding instituted against a thing


and not against a particular person (Storeys Will cited in Lopez vs
Director of Lands).

Actionable

That for which an [a legal] action will lie; furnishing legal ground for an
action

It refers to a situation where the existing facts adequately meet the


legal requirements to file a legitimate lawsuit.

Actual Case or Controversy

It is one which involves a conflict of legal rights, an assertion of


opposite legal claims, susceptible of judicial resolution as
distinguished from a hypothetical or abstract difference or dispute.
(Province of North Cotabato vs. GRP)

There must be a contrariety of legal rights that can be interpreted and


enforced on the basis of existing law and jurisprudence. (Province of
North Cotabato vs. GRP)

Ad Litem

The Latin phrase means for the suit or for the purpose of legal
action. For example, a guardian ad litem is a person appointed by
the court to prosecute or defend a suit on behalf of a legally
incapacitated person.
Adjudicate

It means to settle in the exercise of judicial authority; to determine


finally; or to render or award judgment. Adjudication is defined as a
judgment or a determination in the exercise of judicial power (Carino
vs. CHR).

Admission

It is an act, declaration or omission of a party signifying voluntary


acknowledgement or concession as to the existence of a fact or the
truth of an allegation.

Adverse Party

It means a party against whom judgment is sought or a party


interested in sustaining a judgment or decree.

Affidavit

It pertains to any written document in which the signer [affiant] swears


under oath, before a notary public or someone authorized to take
oaths, that the statements in the document are true

It is 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

It is an oath or affirmation reduced to writing, and sworn to by a


complaining party before some officer who has authority to administer
it, for the purpose of withdrawing the complaint
Affirmative Defense

It is an allegation of a new matter which, while hypothetically


admitting the material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him. The affirmative
defenses include fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and
avoidance (Rules of Court).

Alias Writ

It is a second writ issued in the same cause, where a former writ of


the same kind had been issued without effect. In such case, the
language of the second writ is, We command you, as we have
before commanded you.

Allegata et Probata

It translates as he who alleges must prove his case.

Alternative Dispute Resolution

It is any process or procedure used to resolve a dispute or


controversy, other than by adjudication of a presiding judge of a court
or an officer of a government agency, in which a neutral third party
participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini-trial,
or any combination thereof (RA 9285)

Amicus Curiae

Literally means friend of the court, amicus curiae is an experienced


and impartial attorney who may be invited by the Court to help in the
disposition of issues submitted to it (Rules of Court)
Answer

It is a pleading in which a defending party sets forth his defenses


(Rules of Court).

Appeal

It is the process of elevating to a higher court, pursuant to established


rules, any decision, order or ruling of a lower court or quasi-judicial
body.

You might also like