Words to ponder

Plaintiff Defendant
the person who brings a An individual, company
case against another in or institution sued or
court of law. accused in a court of
law.
A person or group accusing
another of some wrong doing. A person accused of
having committed a
crime in criminal
proceedings.
 Words to ponder
Mens Rea Actus Reus
“the guilty mind” “the guilty act”

the mental the Latin term used to describe

institution to commit a criminal act/ physical act of
the crime
a crime/intent to do
the crime
 Words to ponder
Pro Reo Stare Decisis
Latin for “when in doubt, for the accused” "to stand by that which is decided"
means that a defendant may not be Means that for the sake of certainty, a
convicted by the court when doubts about conclusion reached in one case should be
his/her guilt remain. The rule of lenity is applied to those that follow if the facts
the doctrine that ambiguity should be are substantially the same, even though
resolved in favor of the more lenient the parties may be different.
punishment.
 Words to ponder
Petition Writ
A formal written request, typically A form of written command in the name
one signed by many people, of a court or other legal authority to act,
or abstain from acting, in some way.
appealing to authority with respect
Legal document from a law court that
to a particular cause.
tells you that you will be involved in a
A document addressed to some legal process and explains what you must
official and signed by numerous do.
individual.
 Words to ponder
Writ of Amparo Writ of Habeas Corpus
A remedy available to any person “to bring the body”
whose right to life, liberty and
security has been violated or is An order issued by a court to
threatened with violation of an a person detaining another,
unlawful act or omission of a to produce the body of the
public officials or employee or of
a private individual or entity.
prisoner at a certain time and
place, and to show sufficient
cause for holding in custody
AMPARO means
PROTECTION of such prisoner.
 Words to ponder
Subpoena Summon
A writ issued under A written order issued by
authority of a court to a judicial authority
compel the appearance of a requiring a person
accused of a criminal
witness at a judicial
offense to appear in a
proceeding designated court at a
specific time to answer
the charges
 Words to ponder
Subpoena Duces Tecum Abberatio Ictus
“you shall bring with you” “mistake in the blow”
a writ ordering a person that is, when the offender
to attend a court and intending to do an injury to
bring relevant one person actually inflicts it in
another
documents.
 Words to ponder
Praeter Intentionem Error In Personae
when the injurious result mistake in the
is greater than that
intended or the act identity of the
exceeds the intent. victim
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Dolo Culpa

deceit fault
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Imprudence Negligence
Lack of skill Lack of foresight
Deficiency of action Deficiency of perception
Failure to take Failure to pay proper
attention and to use
necessary
diligence to avoid a
precaution to avoid foreseeable damage or
injury or damage injury
 Words to ponder
Mala In Se Mala Prohibita
A behavior that is are acts that are
morally wrong. Wrong in considered crime
any or violation
context, even if there
because they are
is no law against it.
prohibited by
MALUM IN SE law.
MALUM PROHIBITUM
 Words to ponder
Warrant Discretion
A document issued by the court the use of personal decision
authorizing the police or other law
enforcement body to make arrest,
making and choice in
search premises or carry out some carrying out operations in
other action relating to the the criminal justice system.
administration of justice.
 Words to ponder
Vagrancy Truancy
1. A condition where a person Intentional, unjustified,
has no apparent means of
subsistence unauthorized or illegal
2. Loitering in public places and absence from compulsory
wandering in streets without
visible means of support. education.
3. loitering in house of ill-fame,
pimps and those habitually
associate with prostitutes
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Forum shopping Double Jeopardy
the institution of two or more actions A procedural defense
or proceedings involving the same that prevents an accused
parties for the same cause of action,
either simultaneously or successively, person from being tried
on the supposition that one or the again on the same (or
other court would make a favorable similar) charges
disposition following a valid
acquittal or conviction
 Words to ponder
Maxim Amicable Settlement
Resolution between disputing parties
a short statement either before or after court action begins.
expressing a general “AMICABLE”: cooperative and not a
competitive system. MEDIATION OR
truth or rule of CONCILIATION: main settlement
systems with the intervention of a third
conduct neutral party
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Pro BONO Ad Hoc
legal work done for free. “TO THIS”
Denoting work undertaken for a particular end or case
without charge, especially legal at hand without
consideration of wider
work for a client with a low
application.
income
When necessary or needed
or signifies a solution
designed for a specific
problem or task.
 Words to ponder
Alibi Amicus Curiae
“At another place, elsewhere” “friend of the court”
member of the bar/ professional
A plea of having been at the person who is appointed to assist
time of the commission of an the court though not part to a
act elsewhere than at the place particular litigation but is
permitted by the court to advise
of commission
it in respect to some matter of
law that directly affects the case
in question.
 Words to ponder
Ante Litem Motam Bona Fide
Before suit brought; “in good faith”
before controversy is “real thing”
instituted. It signifies honesty,
Refers to the prior indicates innocence or
lack of knowledge of
motive to distort the
any fact that would cast
truth before the doubt on the right to
lawsuit was filed. hold title.
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Certiorari Corpus
“to be made certain”
Issued by the superior court to
direct that the record of the
BODY
lower court be sent to the
superior court for review
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Corpus Delicti De Facto
“body of the crime” “in fact”
Western jurisprudence Practice that exist in
referring to a principle that
a crime must be proven to reality, even though they
have occurred before a are not officially recognized
person can be convicted of by the law.
committing that crime
 Words to ponder
De Jure Doli Incapax
“by law” “incapable of crime”
The principle that a child
refers to the things that cannot be held legally
happen according to the responsible for its actions
law. and so cannot be
convicted of a criminal
offense.
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Estoppel Ex officio
“prevented from denying” “by virtue of one’s office”
Prevent one from denying Context of legislative
a fact. Judicial device body that allows the
whereby a court may chairman and ranking
prevent or “estop” person minority member of a
from making assertions or committee to participate in
going back on his word.
any of the subcommittees
of that committee.
 Words to ponder
Ex Parte Ex Post Facto
“for one party” “out of the aftermath” “after the
proceedings in the fact”
absence of the other A law that retroactively
party. changes the legal consequences
Hearing granted on the of actions that were
request of and for the committed.
benefit of one party
only.
 Words to ponder
Factum Probans Factum Probandum
“relevant facts” “ultimate fact”
Fact offered in Facts sought to be
evidence as proof of established. Fact that
another fact needs to be proved.
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Ignorantia Juris Non Excusat Ipso Facto
“Ignorance of the law excuses no one”
“by the mere fact”
A person who is unaware of a
law may not escape liability for “by the fact itself ”
violating that law merely because
one was unaware of its content.
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Impromptu In lieu of
“in readiness” “instead of ”
done without being To replace it or
planned, organized or substitute for it
rehearsed. Lieu originally came
from the Latin “locus”
meaning “PLACE”.
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In status Quo Nullum Poena Sine Lege
“in the present state” “no penalty without a law”
Legal principle, requiring
the existing state of that one cannot be
affairs punished for doing
something that is not
prohibited by the law.
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Res Ipsa Loquitur Res Gestae
“the things or
the transaction
“things
speak for itself ” done”
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Secondary Victims Wedding Cake Model
family and An explanation of the
workings of the
friends of an criminal justice system
individual who that shows how cases
has been get filtered according to
the seriousness of the
victimized. offense.
 Words to ponder
Crime Control Model Due Process Model
A model of the A model of the
criminal justice criminal justice
system that system that
emphasizes the emphasizes individual
efficient arrest and rights at all stages of
processing of alleged the justice process.
criminal offenders.