Professional Documents
Culture Documents
real worth and importance; of considerable value; valuable. Belonging to substance; a
ctually existing; real; not seeming or imaginary; not illusive; solid; true; veritable.
Substantive rights are basic human rights possessed by people in an ordered society and include rights
granted by natural law as well as the substantive law. Substantive rights involve a right to the substance
of being human, rather than a right to a procedure to enforce that right, which is defined by procedural
law. Substantive rights is a term which includes those rights which one enjoys under the legal system
prior to the disturbance of normal relations. The right to Freedom
Speech, for example, is a substantial right.
Procedural law establishes the legal rules by which substantive law is created, applied and enforced,
particularly in a court of law.
Which is a procedural right? The body of law that prescribes formal steps to be taken in enforcing legal
rights. Legal rights themselves are created and defined by Substantive Law. Different rules generally
govern Civil Procedure and Criminal Procedure, or the procedure followed in trials and in appeals.
Judicial review is a court proceeding involving the review of the lawfulness of a decision or action made
by a public body. It is a challenge to the way in which a decision or action was made rather than the
rights and wrongs of the conclusion reached. It is really concerned with the matter of the right
procedures having been followed. The
judicial power of the Supreme Court emanates
from Section 1, Article VIII of the Constitution. It states that, “judicial power
includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable, and enforceable and to
determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.” The essence of judicial review is derived
from this constitutionally mandated judicial power.
Juridical act as used in civil law refers to a lawful act or expression of will
intended to have legal consequences.
For example in Louisiana, the concurrence of both spouses is required for the
alienation, encumbrance, or lease of community immovables, standing, cut, or
fallen timber, furniture or furnishings while located in the family home, all or
substantially all of the assets of a community enterprise, and movables issued or
registered as provided by law in the names of the spouses jointly. Concurrance
of the spouse is a Juridical act.[La. C.C. Art. 2347]
Likewise a man who marries the mother of a child not filiated to another man and
who, with the concurrence of the mother, acknowledges the child by authentic act
or by signing the birth certificate is presumed to be the father of that child. The
concurrence of the mother required by this Article is a juridical act.[La. C.C. Art.
195]
Petition for certiorari is petition that asks an appellate court to grant a writ of certiorari. This type of
petition usually argues that a lower court has incorrectly decided an important question of law, and that
the mistake should be fixed to prevent confusion in similar cases.
statute of limitations
- a law that states a legal action must be brought before a particular period of time has passed:
The court ruled that the statute of limitations had run out.
Five years is the statute of limitations for racketeering charges.
- a statute prescribing a period of limitation for the bringing of certain kinds of legal action
- A law that extinguishes a party's right to bring a claim once a specified time period elapses
(compare to statute of repose). ..
Extrajudicial settlement of estate is a private agreement between the heirs of the deceased person
which sets out how the estate of the deceased will be divided or distributed among themselves. The
terms of the private agreement to settle the estate of the deceased are set out in a document called
“Deed of Extrajudicial Settlement of Estate”.
What is meant by “extrajudicial”? As opposed to judicial, in the sense that the heirs do not go to court to
settle the estate.
Decedent" is a legal term used by professionals in the tax, estate planning, and law fields for a deceased
person. ... Decedents have legal power over final transactions and other estate preparations if they
made the legal preparations before their death.
Cestui que trust can be translated as “he for who the benefit of the trust was created”. This term is
an antiquated word used to describe a beneficiary of a trust.
A deed of assignment refers to a legal document that records the transfer of ownership of a
real estate property from one party to another.
writ of injunction is a writ (order) issued by a court ordering someone to do something
or prohibiting some act after a court hearing.
A court order by which an individual is required to perform, or is restrained from performing, a particul
ar act. A writ framed according to the circumstances of the individual case.
ponente