Professional Documents
Culture Documents
2. acquittal – a judgement that a person is not guilty of the crime with which the person has
been charged.
3. act of state – which states that courts of one country will not sit in judgment on the acts of
the government of another in due deference to the independence of sovereignty of every
sovereign state. (supreme court)
4. action in personam – is lodged against a person based on personal liability. The supreme
court must determine in the case Ramos vs Ramos
5. action in rem – is directed against the thing itself instead of the person. The supreme court
must determine in the case Ramos vs Ramos
6. actionable – that for which an action will lie; furnishing legal ground for an action
7. actual case or controversy – 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. (in a jurisprudence) G.R. No. 183591/ requisites of judicial
inquiry
10. adverse party –An “adverse party” is entitled to notice of appeal is every party whose
interest in relation to the judgment or decree appealed from is in conflict with the
modification or reversal sought by the appeal; In Civil Cases, Adverse Parties May Not Be
Called to The Witness Stand, Unless Written Interrogatories Were First Served Upon
Them... - Jurisprudence
11. affidavit – A written or printed declaration or statement of facts, made voluntarily, and
confirmed by the oath or affirmation of the party making it, taken before an officer having
authority to administer such oath.
12. affidavit of desistance – It means the complainant states that he/she did not really intend to
institute the case and that he is no longer interested in testifying or prosecuting.
13. affirmative defense – An affirmative defense 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 Section
5 p.2 Rule 6 of Rules of court
14. allegata et probata – applies to election contests as well as to ordinary actions, otherwise
election contests could easily become interminable. Rule175 of Revised Election Code
15. amicus curiae – Experienced and impartial attorneys may be invited by the Court to appear
as amici curiae to help in the disposition of issues submitted to it. Section 36 of Rule 138
16. answer –is the formal written statement made by a defendant setting forth the grounds of
his defense; corresponding to what, in actions under the common-law practice, is called the
“plea.”
17. appeal – In civil practice. The complaint to a superior court of an injustice done or error
committed by an inferior one, whose judgment or decision the court above is called upon to
correct or reverse.
18. appearance – In practice. A coming into court as party to a suit, whether as plaintiff or
defendant The formal proceeding by which a defendant submits himself to the jurisdiction
of the court.
19. arraignment –Calling the defendant to the bar of the court, to answer the accusation
contained in the indictment.
20. burden of evidence – the term that applies to the responsibility of a party starting a lawsuit
to produce the evidence that will prove the case.
21. burden of proof – is the duty of a party to present evidence on the facts in issue necessary
to establish his claim or defense by the amount of evidence required by law. rule 131
22. capacity to act – which is the power to do acts with legal effect, is acquired and may be lost
ART 27 of CC
23. case at bar – is the case now before the court and under its consideration; the case being
tried or argued