2023 CLJ TERMINOLOGIES

Ex post facto law

Retroactive law
Bill of attainder – a legislative act w/c inflicts pnishment without judicial trial

Prospective law -

elements of frustrated felonies

Impossible crime -

requisite of “avoidance of greater evil or injury”

discernment – 9 to 15

basis of exempting a person from criminal liability under Article 12

homicide

frustrated homicide

Reckless imprudence

Anti-Sexual Harassment Act of 1995

error in personae
Espionage
Sedition
Piracy
Treason
Agent of Person in Authority
Charivari
Malfeasance
Misfeasance
Nonfeasance
Discharge of Firearm
physical injury
Brigandage – higway robbery
Robbery in band -
Swindling – estafa use deception to deprive
Fraud -
Qualified seduction -
Direct assault
Adultery – committed by husband
Perjury
Mala Prohibita – special las
Mala Inse - rpc
Piracy -
Mutiny
Treason
Espionage
Qualified piracy
Sexual assault
Theft
Murder
crime committed by public officers – white collar crime
Discharge of firearms
Swindling - estafa
Kidnapping for ransom
Types of evidence
Evidence
Physical evidence
Testimonial Evidence – verbal evidence
Corpus delicti Evidence - body of the crime
Object Evidence – touches the senses of the court
burden of proof needed in a criminal case – proof beyond reasonable doubt
Cross Examination – examination or questioning by the adverse party
Direct Examination - conducted examination in chief
Public Document – notarized by the public
Official Document – original document example. Birth certficate
Commercial Document -
Private Document -
Confession and admission
Extra judicial confession – a confession made out side the court
Voluntary Judicial Confession
judicial Confession – i
Voluntary Extra Judicial Confession
Involuntary Confession
Perpetuation -
Leading question -
FACTUM PROBANS – evidentiary fact
ARTICULO MORTIS – at the time of death
Secondary evidence -
Prima facie evidence
Corroborative evidence
Cumulative evidence
Criminal Procedure
Arrest – taking a person into custody
Warrant of arrest -
Search warrant
Warrantless arrest
Information – filed in the court in the presence of prosecutor
Preliminary investigation - prosecution
Complaint -
authorized to conduct preliminary investigation - prosecutors
validity of a warrant of arrest - 10 days and can be renewed
validity of a search warrant – 10 days and after shall be VOID
Recognizance
Bail
Fine
maximum period for rendition of court decision given to the Court of Appeals - 18
Right against double jeopardy
Right to a fair trial
Right against self-incrimination
Right of due process of law
Subpoena Duces Tecum
Summon
Warrant of arrest
Subpoena Ad Testificandum
Parole
Probation
R.A. 9851 -
Genocide
Constitutional Rights
Human Rights
Civil Rights
Political Rights
Spanish Penal Code of 1870
Habitual delinquency
Recidivism
Quasi-recidivism
characteristic of criminal law
Territorial
Prospective
General
Recidivist
Habitual offender – 5 years
Habitual delinquent – 10 years
illegal detention
compound crime
Acts of Lasciviousness
Slander by deed
Fraud
Money Laundering
Malversation of public funds
continuing offense
arson
Attempted arson
Jeopardy
Double Jeopardy
Bribery
Direct bribery
Battered woman syndrome
Sexual abuse
VAWC
Malicious mischief
Public officers
White Slave
Premature marriage
legal grounds for detention
Incriminatory machination
Parricides
Abortion
Unintentional abortion
Intentional abortion
Unjust Vexation -
Malicious Mischief
Tumultuous Affray
Coup d’état
Sedition
Bigamy
Adultery
Concubinage
Oral defamation
element of knowingly rendering unjust judgment
classification of evidence
alibi (the weakest defense) acquire commensurate strength in evidential value
Best evidence
Rep ipsa loquitor the thing speak for it self
Res gestae – things done
hearsay evidence rule
positive evidence
RA 7877 - Electoral Reforms For The Purpose Of Amending section 3
Inquisitorial System
Criminal Justice System
Accusatorial System
As a quasi-admission - inconsistency
silence of a person in a direct accusation
Motion for reconsideration
Mens Rea
Nullum Crimens -
Dura Lex
Parens Patriae
enter a plea of guilty
Call to order
Arraignment
Order of trial
Marking of exhibits
International Humanitarian Law
Formal CJS
Informal CJS
Kidnapping
White slavery
Prostitution
Child trafficking
compound crime
common law – body of law created by judges
conspiracy
Defense of Stranger
Defense of relative
element of self-defense
Estafa – abuse of confidence

Protection Order
quantum of evidence for criminal cases
Burden of proof
Burden of evidence
Fruit of poisonous tree – confiscated evidences without warrants
Bill of particulars
Motion to quash
Motion to dismiss
Bill of attainder
R.A. 3019 - the main anti-corruption law
essential requisite of a complaint or information
general rule that the arrest must be done with valid warrant
BP 129 -
persons are authorized to institute or commence criminal actions
Filing of an application for bail
In flagrante delicto
Plain view
Venue
Cross examination
overrule the objection
Prejudicial question
Redirect examination
temporary and conditional suspension of the prosecution of a case prior to its
adjudication.
Diversion
DSWD
PD 1508 - The Barangay Captain and members of the Pangk
coordinating machinery of the criminal justice system.
R.A. 9851- humanitarian law
Human Rights
shall enter a plea of guilty
mistake in blow -
error in personae
mistake in fact
mistake of identity
No. of days shall the check is presented
BP 22 – bouncing check law
private crime -
Relevant evidence
demurer to evidence – insufficiency of evidence
Clerk of the court
Summon – notifies the defendant he is being sued
subpoena duces tecum - a writ ordering a person to attend a court and bring relevant
documents
subpoena ad testificandum – a writ ordering a person to attend a court
impeachment
consummated fraud
infedility – romantic cheating
Witnesses
Principals
Accessories
Accomplices
Bigamy
Criminal law
Conditional pardon
Amnesty
Restitution
Prescription of penalty
Intoxication
Praeter Intentionem
Violation of domicile
Trespass to dwelling.
alarms and scandal
grave threat
Agent of Person in Authority
Spousal immunity
Counsel de officio
Amicus curiae – friend of the court