Professional Documents
Culture Documents
Principle of Learning 5 Irac
Principle of Learning 5 Irac
Moral turpitude may be a reason for deporting an alien. The alien must be convicted of a crime
involving moral turpitude committed within five years after the date of entry, and sentenced to
confinement or confined therefore for one year or longer. Although the conviction must occur within
five years of entry, any entry into the United States may be used to support the charge of
deportability. According to the U.S. Citizenship and Immigration Services (USCIS), a crime of moral
turpitude is inherently base, vile, or depraved, contrary to social standards of morality and done with
a reckless, malicious, or evil intent. It is a broad and subjective term that can be used for any crime
that USCIS considers offensive.
Conviction of crimes of moral turpitude may also disqualify someone from an employment opportunity.
The precise definition of a crime that involves moral turpitude isn't always clear, but the following
crimes are always considered crimes of moral turpitude:
murder;
voluntary manslaughter;
rape;
statutory rape;
domestic violence;
prostitution;
blackmail;
arson;
alien smuggling;
harboring a fugitive;
bribery;
perjury
Related Terms: Unjust Enrichment, Quantum
A legal principle under which a person should not be obliged to pay, nor should another be
allowed to receive, more than the value of the goods or services exchanged; hence, as much as
is deserved only.
"It is founded upon an obligation imposed by law when there would otherwise be
an unjust enrichment of one party at the expense of the other.
"Thus, the trial judge was correct when he noted ... that, '(q)uantum meruit involves
consideration of the amount and value of the services rendered, not potential profit.'
The amount to which a plaintiff is entitled on the basis of unjust enrichment is the
value of the benefit obtained by the defendant, and not the loss to the plaintiff
assessed as if the contract were fulfilled."
Amicus Curiae
Literally, friend of the court. A person with strong interest in or views on the subject matter of an actio
n,but not a party to theaction, may petition the court for permission to file a brief, ostensibly on behalf
of a party but actually to suggest a rationaleconsistent with its own views. Such amicus curiae briefs a
re commonly filed in appeals concerning matters of a broad publicinterest; e.g., civil rights cases. They
may be filed by private persons or the government. In appeals to the U.S. courts ofappeals, an amicu
s brief may be filed only if accompanied by written consent of all parties, or by leave of court granted
onmotion or at the request of the court, except that consent or leave shall not be required when the br
ief is presented by theUnited 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 raisesawareness about some aspect of the case that the court might otherwise miss. The person is us
ually, but not necessarily,an attorney, and is usually not paid for her or his expertise. An amicus curiae m
ust not be a party to the case, nor anattorney in the case, but must have some knowledge or perspective t
hat makes her or his views valuable to the court.
The most common arena for amici curiae is in cases that are under appeal (are being reconsidered by the
court) and whereissues of public interest—such as social questions or civil liberties—are being debated.
Cases that have drawn participationfrom amici curiae are those involving Civil
Rights (such as 1952's BROWN V. BOARD OF EDUCATION), Capital
Punishment,environmental protection, gender equality, infant Adoption, and Affirmative
Action. Amici curiae have also informed thecourt about narrower issues, such as the competency of a ju
ror; or the correct procedure for completing a deed or will; orevidence that a case is collusive or fictitious
—that is, that the parties are not being honest with the court about their reasonsfor being there.
The privilege that friends of the court are granted to express their views in a case is just that: amici curiae
have no right toappear or to file briefs. Unless they represent the government, amici curiae must obtain le
ave (permission) to do so from thecourt, or consent of all parties in the case, before filing. No court is obli
gated to follow or even to consider the advice of anamicus curiae, even one it has invited.
The principle that guides the appropriate role of a friend of the court is that he or she should serve the cou
rt without alsoacting as "friend" to either of the parties. Rules of court and case law (past court decisions)
have attempted to spell out thesometimes tricky specifics of how an amicus curiae should—and should n
ot—participate in a case.
For example, Missouri's supreme court in 1969 distinguished the role of amicus curiae from the normal rol
e of the attorney inassisting the court. In this case, the court requested the attorney who had formerly repr
esented the parties in the case tohelp elicit testimony and cross-examine witnesses. The lawyer also mad
e objections and argued objections against the city,which was defending the lawsuit over Zoning. In seek
ing the payment of attorney fees for his services, the attorney arguedthat he had served as amicus curiae
due to his acting at the court's request. The supreme court found that "in the orderlyand intelligent present
ation of the case, he rendered assistance to the court, the same as any attorney who contributes tothe or
derly presentation of a case. He was appearing, however, not as an adviser to the court but as a represen
tative ofprivate litigants … advancing their partisan interests … and is not entitled to have the fee for his a
dmittedly valuable andcompetent professional services taxed as costs" (Kansas City v. Kindle, 446 S.W.
2d 807 [Mo. 1969]).
The amicus curiae walks a fine line between providing added information and advancing the cause of on
e of the parties. Forinstance, she or he cannot raise issues that the parties themselves do not raise, since
that is the task of the parties andtheir attorneys. If allowed by the court, amici curiae can file briefs (called
briefs amicus curiae or amicus briefs), argue thecase, and introduce evidence. However, they may not m
ake most motions, file pleadings, or manage the case.
Whether participating by leave or by invitation, in an appearance or with a brief amicus curiae, a friend of t
he court is aresource person who has limited capacity to act.
Further readings
Jost, Kenneth. 2001. "The Amicus Industry." California Lawyer 21 (October): 40.
Hollis, Duncan B. 2002. "Private Actors in Public International Law: Amicus Curiae and the Case for the R
etention of StateSovereignty." Boston College International and Comparative Law Review 25 (spring): 2
35–55.
Robbins, Josh. 2003. "False Friends: Amicus Curiae and Procedural Discretion in WTO Appeals Under th
e HotrolledLead/Asbestos Doctrine." Harvard International Law Journal 44 (winter): 317–329.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
amicus curiae
n. Latin for "friend of the court," a party or an organization interested in an issue which files a brief or parti
cipates in theargument in a case in which that party or organization is not one of the litigants. For exampl
e, the American Civil LibertiesUnion often files briefs on behalf of a party who contends his constitutional r
ights have been violated, even though theclaimant has his own attorney. Friends of the Earth or the Sierr
a Club may file a supporting brief in an environmental action inwhich they are not actually parties. Usually
the court must give permission for the brief to be filed and arguments may onlybe made with the agreeme
nt of the party the amicus curiae is supporting, and that argument comes out of the time allowedfor that p
arty's presentation to the court.
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
amicus curiae
noun advocate, champion, friend in court, intercessor, intervening
party, party,representative, speaker
Associated concepts: amicus brief, amicus motion to interrene
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The
McGraw-Hill Companies, Inc.
amicus curiae
‘friend of the court’, a person who is not actually involved in a case as a party but who brings amatter to t
he attention of the court. Usually the issue involves the public interest. It is not a universally applicable pro
cedure.
Collins Dictionary of Law © W.J. Stewart, 2006
AMICUS CURIAE, practice. A friend of the court. One, who as a stander by,
when a judge is doubtful or mistaken in a matterof law, may inform the
court. 2 Inst. 178; 2 Vin. Abr. 475; and any one, as amicus curia, may make
an application to thecourt in favor of an infant, though he be no relation. 1 Ves. Sen. 313.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published
1856.
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Per curiam
Definition
Latin for "by the court." An opinion from an appellate court that does not
identify any specific judge who may have written the opinion.
Overview
The top appellate courts of most states (including, e.g., Alabama, Arkansas,
Connecticut, Florida, Georgia, Maryland, Nebraska, Nevada, New Mexico,
North Carolina) use the same terminology.
wex:
civil procedure
courts
[4] At any time after a Division takes cognizance of a case and before a
judgment or resolutions of a Division may refer the case en consulta to the
Court en banc which, after consideration of the reasons of the Division for
such referral, may return the case to the Division or accept the case for
decision or resolution.
cralaw
[4a] Paragraph [f] of the Resolution of this Court of 23 February 1984 in Bar
Matter No. 205 [formerly item 6, en banc Resolution dated 29 September
1977], enumerating the cases considered as en banc cases, states: chanroblesvirtuallawlibrary
February 7, 1989.
Barratry
In Criminal Law, the frequent incitement of lawsuits and quarrels that is a punishable offense.
Barratry is most commonly applied to an attorney who attempts to bring about a lawsuit that will be profita
ble to her or him.Barratry is an offense both at Common
Law and under some state statutes. The broader common-law crime has beenlimited by certain statutes.
An attorney who is overly officious in instigating or encouraging prosecution of groundlesslitigation might
be guilty of common barratry under a particular statute. The requirement for the crime of barratry is thatre
peated or persistent acts of litigation are performed by the accused. Barratry is generally a misdemeanor
punishable byfine or imprisonment. In the case of an attorney, disbarment is the usual punishment. Since
few cases have beenprosecuted, barratry is considered by the legal community at large to be an archaic
crime. This is particularly true today dueto a highly litigious atmosphere.
In maritime law, barratry is the commission of an act by the master or mariners of a vessel for an unlawful
or fraudulentpurpose that is contrary to the duty owed to the owners, by which act the owners sustain inju
ry.
A form of barratry is misconduct of the master of a ship in taking commodities on board that subject the s
hip to seizure forSmuggling. It is essential in barratry that a criminal act or intent exist on the part of the
master or mariners which inures totheir own benefit and causes injury to the owners of the ship.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
barratry
n. creating legal business by stirring up disputes and quarrels, generally for the benefit of the lawyer who
sees fees in thematter. Barratry is illegal in all states and subject to criminal punishment and/or discipline
by the state bar, but there mustbe a showing that the resulting lawsuit was totally groundless. There is a l
ot of border-line barratry in which attorneys, in thename of being tough or protecting the client, fail to seek
avenues for settlement of disputes or will not tell the client he/shehas no legitimate claim.
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
See: disloyalty
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The
McGraw-Hill Companies, Inc.
barratry
1 wrongs committed by the crew of a ship that prejudice the ship owner or the charterer.
2 formerly, the wrong of persistently taking out court actions.
3 in Scots criminal law, the crime committed by a judge in accepting a bribe.
Collins Dictionary of Law © W.J. Stewart, 2006
BARRATRY, crimes. In old law French barat, baraterie, signifying robbery, deceit, fraud. In modern usage
it may be definedas the habitual moving, exciting, and maintaining suits and quarrels, either at law or othe
rwise. 1 Inst. 368; 1 Hawk. 243.
2. A man cannot be indicted as a common barrator in respect of any number of false and groundless a
ctions brought inhis own right, nor for a single act in right of another; for that would not make him a comm
on barrator.
3. Barratry, in this sense, is different from maintenance (q. v.) and champerty. (q. v.)
4. An attorney cannot be indicted for this crime, merely for maintaining another in a groundless action.
Vide 15 Mass. R.229 1 Bailey's R. 379; 11 Pick. R. 432; 13 Pick. R. 362; 9 Cowen, R. 587; Bac. Ab. h. t.;
Hawk. P. C. B. 1, c. 21; Roll. Ab.335; Co. Litt. 368; 3 Inst. 175.
BARRATRY, maritime law, crimes. A fraudulent act of the master or mariners, committed contrary to their
duty as such, tothe prejudice of the owners of the ship. Emer. tom. 1, p. 366; Merlin, Repert. h. t.; Roccus,
h. t.; 2 Marsh. Insur. 515; 8 East,R. 138, 139. As to what will amount to barratry, see Abbott on Shipp. 16
7, n. 1; 2 Wash. C. C. R. 61; 9 East, R. 126; 1 Str.581; 2 Ld. Raym. 1349; 1 Term R. 127; 6 Id. 379; 8 Id.
320; 2 Cain. R. 67, 222; 3 Cain. R. 1; 1 John. R. 229; 8 John. R. 209,n. 2d edit.; 5 Day. R. 1; 11 John. R.
40; 13 John. R, 451; 2 Binn. R. 274; 2 Dall. R. 137; 8 Cran. R. 39; 3 Wheat. R. 168; 4Dall. R. 294; 1 Yeat
es, 114.
2. The act of Congress of April, 30, 1790, s. 8, 1 Story's Laws U. S. 84, punishes with death as piracy,
"any captain ormariner of any ship or other vessel who shall piratically and feloniously run away with such
ship or vessel, or any goods ormerchandize to the value of fifty dollars; or yield up such ship or vessel to
any pirate or if any such seamen shall lay violenthands upon his commander, thereby to binder or prevent
his fighting in defence of his ship, or goods, committed to his trust,or shall make a revolt in the said ship."
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published
1856.
THE INTEGRATED BAR OF THE PHILIPPINES
Rule 139-A
(Inserted by Republic Act No. 6397 which took effect on January 16, 1973)
Section 1. Organization. - There is hereby organized an official
national body to be known as the "Integrated Bar of the
Philippines," composed of all persons whose names now appear or
may hereafter be included in the Roll of Attorneys of the Supreme
Court.
Sec. 2. Purposes. - The fundamental purposes of the Integrated Bar
shall be to elevate the standards of the legal profession, improve the
administration of justice, and enable the Bar to discharge its public
responsibility more effectively.
Sec. 3. Regions. - The Philippines is hereby divided into nine Regions
of the Integrated Bar, to wit:
chanroblesvirtuallawlibrary
The word also has a broader meaning in the law – the term "bench" is a metonym used to
describe members of the judiciarycollectively,[2] or the judges of a particular court, such as
the Queen's Bench or the Common Bench in England and Wales, or the federal bench in
the United States.[1] The term is also used when all the judges of a certain court sit together
to decide acase, as in the phrase "before the full bench" (also called "en banc").
[3]
Additionally, the term is used to differentiate judges ("the bench")
from attorneys or barristers ("the bar"). The phrase "bench and bar" denotes all judges and
lawyers collectively.[1]
Bench
A forum of justice comprised of the judge or judges of a court. The seat of the court o
ccupied by the judges.
The bench is used to refer to a group of judges as a collective whole. It is a tribunal or pla
ce where justice is administered.To appear before the full bench means to appear before t
he entire group of judges of the court.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
All rights reserved.
bench
n. 1) general term for all judges, as in "the bench," or for the particular judge or panel of j
udges, as in an order coming fromthe "bench." 2) the large, usually long and wide desk ra
ised above the level of the rest of the courtroom, at which the judge orpanel of judges sit.
(See: judge, court, witness stand, sidebar, approach the bench)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
bench
noun bar, bar of justice, board, cabinet, chamber, circuit, council, court, court of
justice, court of law,forum, forum of justice, judge, judgment
seat, judicatory, judicature, judicial assembly, judicial forum, judicial
tribunal, judiciary, justice, justice seat, law court, legal
administration, magistracy, magistrate, magistrature, open court, panel of
judges, privy council, seat of judgment, seat of justice, tribunal
Associated concepts: at the bench, bench docket, bench notes, bench warrant
See also: bar, body, chamber, court, judicatory, judicature, judiciary, tribunal
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with
permission of The McGraw-Hill Companies, Inc.
bench
a judge or magistrate sitting in court in a judicial capacity, or judges or magistrates colle
ctively.
Collins Dictionary of Law © W.J. Stewart, 2006
BENCH. Latin Bancus, used for tribunal. In England there are two courts to which this w
ord is applied. Bancus Regius,King's Bench Bancus Communis, Com-mon Bench or Plea
s. The jus banci, says Spelman, properly belongs to the king'sjudges, who administer justi
ce in the last resort. The judges of the inferior courts, as of the barons, are deemed to, jud
geplano pede, and are such as are called in the civil law pedanei judices, or by the Greeks
Xauaidixastai, that is, humijudicantes. The Greeks called the seats of their higher judges
Bumata, and of their inferior judges Bathra. The Romans usedthe word sellae and tribuna
lia, to designate the seats of their higher judges, and subsellia, to designate those of the lo
wer.See Spelman's Gloss. (ad verb.) Bancus; also, 1 Reeves Hist. Eng. Law, 40, 4to ed., a
nd postea Curia Regis.
A Law Dictionary, Adapted t
A counsel de parte is an attorney retained by a party litigant, usually for a fee, to prosecute
or defend his cause in court. The term implies freedom of choice either on the part of the
attorney to decline or accept the employment or on the part of the litigant to continue or
terminate the retainer at any time. (Agpalo, Legal and Judicial Ethics, p. 3-4)
Counsel De Officio
Sec. 7. Appointment of counsel de officio. – The court, considering the gravity of the offense and
the difficulty of the questions that may arise, shall appoint as counsel de officio such members of
the bar in good standing who, by reason of their experience and ability, can competently defend
the accused. But in localities where such members of the bar are not available, the court
may appoint any person, resident of the province and of good repute for probity and ability, to
defend the accused.
Sec. 8. Time for counsel de officio to prepare for arraignment. – Whenever a counsel de
office is appointed by the court to defend he accused at the arraignment, he shall be given a
reasonable time to consult with the accused as to his plea before proceeding with the arraignment.
procedure
The judge declares that he "finds" the person in contempt, in the sense that
the judge is making a finding of direct contempt.
The finding is meaningless, until the judge adds a punishment term. The
punishment is mainly a fine or confinement in jail for a brief period of time.
Confinement is usually a day or two, but very rarely can be six months or
more.
punishment is immediate.
This is a very rare situation in the U.S. legal system. The contemnor has no
right to testify, to call witnesses in his own behalf, to an attorney, to cross-
examine witnesses, to a trial by a jury instead of the judge, or to appeal the
judge's ruling. Wise judges may grant some of these privileges in the right
circumstances, but the judges are not required to do so.
Illustrative caselaw
Related terms
See also:
wex:
THE LEGAL PROCESS
civil procedure
courts
criminal law
criminal procedure
judicial administration
Illustrative caselaw
Related terms
See also:
wex:
THE LEGAL PROCESS
civil procedure
courts
criminal law
criminal procedure
judicial administration
Legal Basis
Specifically, Canon 16 of the Code of Professional Responsibility states as follows:
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT
MAY COME INTO HIS POSSESSION.
It has also been held in the case of Mariano Nocom vs. Oscar Camerino, et al. that "[a]n Agreement whereby
the attorney agrees to pay expenses of proceedings to enforce the client’s rights is champertous. [JBP Holding
Corporation v. U.S. 166 F. Supp. 324 (1958)]. Such agreements are against public policy especially where as
in this case, the attorney has agreed to carry on the action at its own expense in consideration of some bargain
to have part of the thing in dispute. [See Sampliner v. Motion Pictures Patents Co., et al., 225 F. 242 (1918)].
The execution of these contracts violates thefiduciary relationship between the lawyer and his client, for which
the former must incur administrative sanction."
References
Charging Lien
A type of attorney's lien under which a lawyer acquires an interest in a
judgment awarded to the client. This may mean that the lawyer can
eventually claim a portion of any money paid to the client due to the
judgment. The lien arises because the client's failure to pay for legal
services.
See Retaining lien (compare).
wex:
ACADEMIC TOPICS
trial process/advocacy
THE LEGAL PROCESS
civil procedure
class actions
legal practice/ethics
wex definitions
conflict of interest
n. a situation in which a person has a duty to more than one person or organization, but cannot do justice
to the actual or potentially adverse interests of both parties. This includes when an individual's personal
interests or concerns are inconsistent with the best for a customer, or when a public official's personal
interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser
or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict.
He/she may not join with a client in business without making full disclosure of his/her potential conflicts,
he/she must avoid commingling funds with the client, and never, never take a position adverse to the
customer.
"x x x.
Under Article 2208 of the Civil Code, attorney’s fees may be recovered:
xxxx
(2) When the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur
expenses to protect his interest;
xxxx
(11) In any other case where the court deems it just and equitable that attorney’s fees and expenses of litigation
should be recovered.
In all cases, the attorney’s fees and expenses of litigation must be reasonable.
x x x."
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