Matching Type

A compromise agreement between the parties to end further

litigation by having a court of competent jurisdiction approve the
compromise as having the same force and effect as a judgment by
Answer 1
the court. Thus, once approved, it has the force of res judicata with
Consent Judgment
respect to the contentious issues in the case.

A proceeding in court by which the State prosecutes a person for

an act or omission punishable by law. Answer 2
Criminal Action

An assertion of a fact that is deemed to be true without the need of

further proof. Answer 3
Conclusive Presumption

The adjudication or settlement of a controversy by a court of law.

It goes into the roots of the controversy, makes a searching
examination of the facts and issues of the case, applies the law and
Answer 4
considers the evidence presented, and finally determines the rights
Decision
of the parties.

It is a defiance of the authority, justice or dignity of the court –

such conduct as tends to bring the authority and administration of
the law into disrespect or to interfere with, or prejudice parties-
litigants or their witnesses during litigation. It signifies not only a
willful disregard or disobedience to the court’s order but such Answer 5
conduct which tends to bring the authority of the court and the Contempt of Court
administration of law into disrepute or in some manner to impede
the administration of justice.

A separate opinion written by an appellate justice who differs

from the opinion of the majority in deciding a case. Answer 6
Dissenting Opinion

That part of a court decision which contains the judgment or Answer 7

resolution of the issues subject of the complaint or petition. It Dispositive Portion
usually appears as the very last paragraph in a decision as in
“Petition is hereby dismissed for lack of merit.”
In law, they comprise the fees and indemnities in the course of
judicial proceedings, whether fixed or unalterable amounts
previously determined by law or regulations in force, including Answer 8
those amounts which are not subject to schedule. Costs of Suit

Civil liability resulting from fault or negligence in the

performance of a contractual obligation. Answer 9
Culpa Contractual

Contempt of court that consists of conduct directed against the

authority and dignity of a court or a judge, as in unlawfully
assailing or discrediting the authority and dignity of a court or a Answer 10
judge or in doing a forbidden act. Criminal Contempt

A Latin phrase which means “in the custody of the law,” that is, in
the lawful and physical possession of a court or public officer in
Answer 11
obedience to a judicial or administrative order.
Custodia Legis

The liability incurred by a person who commits a felony even if

the wrongful act done is different from what is intended; or when
he performs an act which would be an offense against persons or
property, were it not for the inherent impossibility of its Answer 12
accomplishment or on account of the employment of inadequate Criminal Liability
or ineffectual means.

A process where the parties to a pending case are directed by the

court to submit their dispute to a neutral third party, called the
mediator, who works with them to reach a settlement of their
Answer 13
controversy resulting in a compromise agreement on the basis of
Court-referred Mediation
which the court will render judgment.

An answer or a pleading filed by a party who, while admitting the

allegations against him, either expressly or by implication, asserts
matters or facts which render the “confession” ineffective, Answer 14
excusable, inadmissible, or void. Confession and Avoidance
An ADR process wherein the parties and their lawyers are brought
together early in a pre-trial phase to present summaries of their
cases and receive a non-binding assessment by an experienced,
Answer 15
neutral person, with expertise in the subject or substance of the
Early Neutral Evaluation
dispute.

A special civil action brought by a person interested under a deed,

will, contract, or other written instrument, whose rights are
affected by a statute, executive order or regulation, ordinance, or
any other governmental regulation for the purpose of determining
Answer 16
any question of construction or validity arising, and for a
Declaratory Relief
declaration of his rights and duties thereunder, before any breach
or violation thereof occurs.

The failure of a defending party to file his answer within the time
allowed under the Rules of Court. Such failure will make him lose
his standing in court, that is, he cannot appear therein, adduce
Answer 17
evidence and be heard, nor take part in the trial or hearing of the
Default
case.

Civil liability arising from fault or negligence which usually

results from the commission of a tortious act or quasi-delict. Answer 18
Culpa Aquiliana

Any mediation process conducted under the auspices of the court,

after such court has acquired jurisdiction of the dispute. Answer 19
Court-Annexed Mediation

An assertion of a fact which, unless contradicted and overcome by

other evidence, is deemed to be true. That a person is “innocent
Answer 20
unless proven guilty” is an example of a disputable presumption.
Disputable Presumption

An entry or notation in the judgment book kept by a clerk of court

which indicates that the decision in the case to which it refers has
become final and executory.
Entry of Judgement

Matching Type
One that arises in a case the resolution of which is a logical
antecedent of the issue involved in another case, and the cognizance
of which pertains to another tribunal. It generally comes into play in
a situation where a civil action and a criminal action are both Answer 1
pending and there exists in the former an issue that must be Prejudicial Question
preemptively resolved before the criminal action may proceed.

A doctrine which refers to cases involving specialized disputes

whose resolution should be initially acted on by an administrative or
other quasi-judicial agency of special competence to deal with the Answer 2
issue. Primary Jurisdiction

This refers to a disputed legal issue whose truth or falsity is a

subject of inquiry. Its resolution depends on the court’s evaluation
of the available evidence obtaining in a given situation. It revolves
around the credibility of witnesses and the existence of relevant
Answer 3
factual circumstances which have a bearing on the probability or
Question of Fact
improbability of the legal issue or situation which is the subject of
the controversy.

In law, a decision of the Supreme Court that will serve as a rule or

example to follow for courts to follow in deciding cases where the
Answer 4
facts or circumstances in such cases are similar or identical.
Precedent

A principle of statutory construction which states that “where the

words of a statute are clear, plain and free from ambiguity, it must
be given its literal meaning and applied without attempted Answer 5
interpretation.” Choose...

A contentious legal issue whose resolution hinges on the proper

application or interpretation of a constitutional or statutory
provision. A question of law exists when the doubt or controversy
concerns the correct application of law or jurisprudence to a certain
Answer 6
set of facts, or when the issue does not call for an examination of
Question of Law
the probative value of the evidence presented, the truth or falsehood
of the facts being admitted.
A Latin term which means “for this one time only” in limiting an
action or decision to the instant matter only, i.e., not meant to be a
precedent or determinative of a future disposition of a similar case Answer 7
or problem. Pro Hac Vice

A Latin term which denotes “on his own behalf.” It is usually used
in connection with the representation of one’s self in a court of law
Answer 8
without the assistance of an attorney.
Pro Se

A Latin term which translates into “while litigation is pending.”

Answer 9
Pendente Lite

A provisional order granted at any stage of an action or proceeding

prior to the judgment or final order, requiring a party or a court,
agency, or person to refrain from a particular act or acts. It may also
Answer 10
require the performance of a particular act or acts, in which case it
Preliminary Injunction
shall be known as a preliminary mandatory injunction.

The written statements of the respective claims and defenses of the

parties submitted to the court for appropriate judgment. Answer 11
Pleadings

The mandatory procedure which comes before the trial or hearing of

the case on the merits when the last pleading has been filed. This is
for the purpose of expediting the proceedings so that the case may
be promptly disposed of. At this stage, the parties will be required to
explore the possibility of an amicable settlement or referral to ADR, Answer 12
simplication of the issues, or obtaining stipulations of facts, or the Pre-Trial
admission of facts or documents to obviate a long and tedious
litigation.

A Latin term which means “for the public good.” It usually refers to
a lawyer’s services which are extended for free, usually for a good
Answer 13
cause or for an indigent litigant.
Pro Bono

A Latin term for “now for then,” thus a judgment or order nunc pro Answer 14
tunc means that it is to be given retroactive effect. Nunc Pro Tunc
A Latin term which refers to the underlying reason or principle
which justifies a court decision. In other words, it is the reasoning
Answer 15
why the decision is so.
Ratio Decidendi

A Spanish term which refers to the writer of a court’s majority

decision. Answer 16
Ponente

A provisional remedy by virtue of which a plaintiff or other proper

party may, at the commencement of the action or at any time
thereafter, have the property of the adverse party taken into the
Answer 17
custody of the court as security for the satisfaction of any judgment
Preliminary Attachment
that may be recovered.

A Latin term which refers to an averment, assertion, or observation

stated as an aside or a “by the way,” or said in passing by a court
Answer 18
that is not necessary in deciding the issues before the court.
Obiter Dictum

A decision of a collegiate court acting unanimously and

anonymously, usually with no dissent. The ponente or writer of such
Answer 19
decisions is usually not identified.
Per Curiam

A Latin term signifying “at first view,” referring generally to a

situation or condition which – on its face – appears to be factual but
Answer 20
may, in fact, not be.
Prima Facie

A Latin term which refers to the presumption of regularity in the

performance of a judge’s functions, hence, bias, prejudice, and even
undue interest cannot be presumed, especially when weighed
against a judge’s sacred obligation under his oath of office to
administer justice without respect to any person and do equal right
to the poor and the rich.
Notatu Dignum

Matching Type
A Spanish term which refers to the final judgment of
the court as expressed in the dispositive portion of its
Answer 1
order or decision.
Fallo

In judicial parlance, execution is the legal act which

corresponds to the enforcement of a judgment by the
Answer 2
court.
Execution

A special civil action to determine who among the

conflicting claimants to the same subject matter is
legally entitled thereto, brought by a person who claims
no interest therein or whose interest is not disputed by
Answer 3
the claimants, in whole or in part. It is an action to
Interpleader
compel them to interplead and litigate their several
claims among themselves.

Without notice to the other party. A Latin term which

means “from one side only,” referring to the exclusion
of one side in the presentation of testimony or evidence Answer 4
in a given case or proceeding. Ex Parte

A decision of the court that may no longer be appealed

or elevated to a higher court having become final and
Answer 5
executory.
Final Judgment

A Latin term which means “by that very fact.”

Answer 6
Ipso Facto

A decision of the court which amounts to a legal

declaration of the respective rights and duties of the
Answer 7
parties, based upon the disclosed facts.
Judgment on the Merits

To bring in a third party in a lawsuit, at the instance of Answer 8

either the plaintiff or the defendant, for the Implead
determination of his liability to either the plaintiff or
the defendant as the case may be. The pleading for this
purpose is called “impleader.”

An improper act of a party against whom an adverse

judgment has been rendered in one forum, of seeking
another opinion in another forum other than by appeal
or the special civil action of certiorari, or the institution
Answer 9
of two or more actual actions or proceedings grounded
Forum Shopping
on the same cause on the supposition the one or the
other court would make a favorable disposition.

More properly, joinder of causes of action, it is the

uniting of two or more demands or rights of action in
one action, the statement of more than one cause of
action in a declaration, or the union of two or more civil
Answer 10
causes of action, each of which can be made the basis
Joinder of Actions
of a separate suit, in the same complaint, declaration or
petition.

A person who has a legal interest in the matter under

litigation, or in the success of either of the parties, or an
interest against both, or is so situated as to be adversely
affected by a distribution or other disposition of
Answer 11
property in the custody of the court or of an officer
Intervenor
thereof who may, with leave of court, be allowed to
intervene in the action.

A Latin term which means “on the same topic.”

Answer 12
In Pari Materia

A rule of procedure which states that between two

courts of concurrent original jurisdiction, it is the lower
Answer 13
court that should initially pass upon the issues of a case.
Hierarchy of Courts

A court order which disposes of the subject matter in its Answer 14

entirely or terminates a particular proceeding or action, Final Order
leaving nothing else to be done but to enforce by
execution what has been determined by the court, as
opposed to an interlocutory order which does not
dispose of a case completely but leaves something more
to be decided upon.

Only that testimony regarding facts which a witness

knows of his own personal knowledge, or that is
derived from his own perception, may be admitted in
evidence. Note that this general rule admits of certain Answer 15
exceptions, such as dying declaration, declaration Hearsay Rule
against interest, and part of the res gestae.

A legal doctrine which requires that the procedural or

remedial steps in resolving claims in the forum having
original jurisdiction must first be exhausted before they Answer 16
are elevated or brought before another forum. Exhaustion of Administrative Remedies

Any improper conduct tending, directly or indirectly, to

impede, obstruct, or degrade the administration of
justice not otherwise punishable by direct contempt.
Note that it includes disobedience of or resistance to a Answer 17
lawful writ, process, order, or judgment of a court, or Indirect Contempt
failure to obey a subpoena duly served.

Latin for “in the matter of.” It usually precedes the title
of a case which is in rem or quasi in rem, e.g., probate
of a will, application for a writ of habeas corpus, a Answer 18
petition for guardianship. In Re

An adjudication by the court that the accused is guilty

or is not guilty of the offense charged, and the
imposition of the proper penalty and civil liability
provided for by law on the accused. It is usually the Answer 19
dispositive portion of a decision, but may be used Judgment
interchangeably with the term decision itself.

A Latin term which means “by the law itself.”

Answer 20
Ipso Jure
A term which signifies that while the court, board, or
officer may have jurisdiction over a case, the bounds
for its lawful exercise have been transcended. It thereby
becomes a fit subject for a court injunction. A ground
for a special civil action where the respondent, being
clothed with the power to determine the matter,
oversteps his authority as determined by law.
Excess of Jurisdiction

Matching Type
The answer of the defendant to the complainant’s reply.
Answer 1
Rejoinder

A term which refers to the process in which a judge may inhibit or

disqualify himself from hearing a case where his objectivity or
impartiality may be called into question because of self-interest,
Answer 2
bias or prejudice,on the objection of either party or on his own
Recusal
volition. It is also called “recusation.”

A Latin term which means “the reason of the law,” e.g., jaywalking
is prohibited to protect pedestrians from traffic accidents, or
smoking is banned in enclosed spaces to prevent second-hand lung
Answer 3
cancer. In statutory construction, it refers to the “spirit of the law”
Ratio Legis
rather than to its literal interpretation.

A Latin term which translates into “the thing speaks for itself,” that
is, requiring no proof or further demonstration of the fact of its
Answer 4
occurrence or existence.
Res Ipsa Loquitur

Statements made by a person while a startling occurrence is taking

place,or immediately prior or subsequent thereto with respect to the
circumstances thereof, may be given in evidence as part of the res
gestae. So, too, statements accompanying an equivocal act material Answer 5
to the issue, and giving it a legal significance, may be received as Res Gestae
part of the res gestae.

The party who stands to be benefited or injured by the judgment in Answer 6

the suit, or the party entitled to the avails of the suit.
Real Party in Interest

It is a legal remedy whereby a party seeks to set aside a judgment

rendered against him by a court when he was unjustly deprived of a
hearing or was prevented from taking an appeal because of fraud, Answer 7
accident, mistake, or excusable negligence. Relief from Judgment

A Latin expression of a legal principle which says that once a

question of law has been examined and decided, it should be
deemed settled and closed to further argument. Put another way, it
means “from settled precedents, there must be no departure.” Answer 8
Consequently, cases already settled are meant to serve as precedents Stare Decisis
for like cases where the facts and the law involved are similar.

Body of ordinances and regulations governing Muslims which are

principally found in the Koran and the Hadith. Answer 9
Shari’a

A judgment without a statement of the facts in support of its

conclusion to be later supplemented by the final judgment. Its
Answer 10
validity is questionable.
Sin Perjuicio Judgment

A judicial or administrative interpretation or resolution of an issue

in a case arising out of a statute, order, regulation, ordinance, or
other transaction which is embodied in the dispositive portion of a Answer 11
decision or judgment of the court. Ruling

Another written opinion by an appellate justice – which is either for

or against a court’s majority decision – explaining his own position
which may be in concurrence with the results only or in direct
opposition to the conclusions reached by the majority. A justice of
Answer 12
the Supreme Court, for example, may decide to write a separate
Separate Opinion
opinion if he supports the result only but not the reasoning behind
the decision.

A form of pleading which amounts to a denial of a factual matter Answer 13

alleged in the opposing party’s pleading.
Traverse

A legal principle expressed in Latin which means that a certain

matter is under judicial or court consideration whose result or
consequence is still undetermined and, therefore, may not be an
appropriate subject to comment on publicly as to its possible Answer 14
outcome. Any such comment may subject the commentator to Subjudice
contempt of court.

The records of a case filed in a folder for their preservation while in

the custody of the clerk of court. Answer 15
Rollo

An adjudication by the court resolving the issues in litigation to

protect the complainant from sham defenses intended merely to
delay or to defeat recovery, or to shield the defendant from
harassment complaints filed merely for their nuisance value. It
Answer 16
refers to a judgment which a court may render before trial but after
Summary Judgment
both parties have pleaded and the court finds that there is no
genuine issue between them.

A Latin term which refers to a case or controversy that is already

decided with finality and, therefore, deemed conclusive insofar as it
applies to the subject matter of the controversy until and unless it is
reversed. It is an established judicial doctrine in equity which
mandates that the final decision of a court adjudicating the dispute
becomes the law between the parties. By extension, Supreme Court
decisions on particular issues assume the force of law for any
similar controversy.
Res Judicata
Matching Type
A legal principle grounded on equity which states that a
complainant or plaintiff seeking relief in the courts must not
Answer 1
himself be guilty in the matter subject of his claim.
Clean Hands Doctrine

Contempt of court that is committed by a party who fails or Answer 2

neglects to do something ordered by the court or a judge for the Civil Contempt
benefit of the opposing party.
The power to do acts with legal effect, such as entering into
contracts or suing in court, usually associated with a person who is
Answer 3
at least 18 years old.
Capacity to Act

The case that is currently the subject of a particular trial or judicial

proceeding. Answer 4
Case at Bar

A recitation of specific errors claimed to have been committed by

the lower court to enable the appellate court and the opposing party
to determine as to what points the appellant intends to ask for a Answer 5
reversal of judgment. Assignment of Errors

A provisional remedy by which the property of an adverse party is

taken into legal custody, either at the commencement of an action
or at any time thereafter, as a security for the satisfaction of any Answer 6
judgment that may be recovered by the plaintiff. Attachment

The rule that the original document itself is the best evidence of
what it contains. It is only when the original document cannot be
produced that a secondary or other evidence of its contents may be Answer 7
adduced. Best Evidence Rule

Evidence which indirectly proves a fact in issue through an

inference which the fact-finder draws from the evidence
established. It constitutes the combination of circumstances that is
Answer 8
sufficient to overcome the presumption of innocence in criminal
Circumstantial Evidence
cases that can lead to conviction beyond reasonable doubt.

The onus that a party must carry to overcome the weight of the
evidence which has tilted against him. Thus, it may shift back and
forth during the course of the trial depending on who is better able Answer 9
to sustain a prima facie case in his favor. Burden of Evidence

The duty of a party to present evidence on the facts in issue Answer 10

necessary to establish his claim or defense by the amount of
evidence required by law.
Burden of Proof

A formal procedure in criminal prosecution “to afford an accused

due process” by means of informing him of the nature and cause of
the accusation against him before he is required to enter his plea of Answer 11
guilty or not guilty. Arraignment

The case being heard before an appellate court. Answer 12

Case at Bench

Generally, it is the pleading which alleges the plaintiff’s cause of

action. In criminal law, it refers to the sworn written statement
Answer 13
charging a person with an offense.
Complaint

An action filed on behalf of many persons so numerous that it is

impracticable to join them all as parties, brought by a
representative number of them who sue for the benefit of all
Answer 14
concerning a controversy that is one of common or general interest
Class Suit
to them all. It is also called a “representative suit.”

An obligation that gives a right of action to compel performance,

as opposed to a natural obligation. Answer 15
Civil Obligation

The instrument evidencing the right to sue for money or property,

such as a promissory note. A legal claim or cause of action that can
Answer 16
translate into a lawsuit.
Chose in Action

A suit filed by one party against another for the enforcement or

protection of a right, or the prevention or redress of a wrong. Answer 17
Civil Action

This term generally refers to the moneation of the claims arising

out of a criminal act which consists of restitution, reparation, and
Answer 18
indemnification for consequential damages.
Civil Liability
The prevailing party in a case against whom a decision is appealed
to a higher court. Answer 19
Appellee

A judicial term to denote a party’s or a counsel’s voluntary

submission to a court’s jurisdiction. Answer 20
Appearance

The party in a case who appeals a lower court’s decision to a

higher court.
Appellant

Matching Type
An allegation of new matter which, while hypothetically
admitting the material allegations in the pleading of the
Answer 1
claimant, would nevertheless prevent or bar recovery by him.
Affirmative Defense

A matter or action that creates a ground for a “cause of

action” or a suit at law. Answer 2
Actionable

A conflict involving opposite legal claims susceptible of

judicial resolution, one that is “definite and concrete,
touching the legal relations of parties having diverse legal
Answer 3
interests,” constituting a real and substantial controversy
Actual Case or Controversy
admitting of specific relief.

An ex parte statement in writing made under oath before a

notary public or other officer authorized to administer oaths,
about facts which the affiant either knows of his own
Answer 4
personal knowledge or is aware of to the best of his
Affidavit
knowledge.

The pleading in which a defendant sets forth his defenses Answer 5

against the complaint which must be filed within 15 days Answer
after service of summons.
A judgment by a court that the accused is found not guilty of
the crime imputed to him and is, therefore, absolved from
Answer 6
prosecution for that crime.
Acquittal

A sovereign act of government which cannot be the subject

of a suit or be actionable in law. Answer 7
Act of State

A sworn statement, executed by the complainant in a

criminal or administrative case, that he or she is
discontinuing or disavowing his complaint for whatever Answer 8
reason he or she may cite. Affidavit of Desistance

A writ issued by a court to replace one that was previously

issued or failed to be enforced. Answer 9
Alias Writ

In the law of evidence, it refers to a statement, oral or written,

made by a party about the existence of a relevant fact which
can be taken against him that is material in a court Answer 10
proceeding. Admission

The act of a judge in rendering judgment, or making a

decision between two opposed or competing claims, or
Answer 11
upholding or denying a cause of action.
Adjudicate

A reference to the previous court from where a case or matter

originated. Thus, the term “court a quo” in appealed cases
Answer 12
refers to a lower court whose decision is under review.
A Quo

A suit directed against the thing or property or status of a

person and which seeks a judgment with respect thereto as
Answer 13
against the whole world.
Action in Rem
A suit directed against specific persons and which seeks
personal judgments. Answer 14
Action in Personam

ADR for short, it refers to the procedure used to resolve a

dispute or controversy, other than by adjudication of a
presiding judge of a court or an officer of a government
agency in which a neutral third party participates to assist in
Answer 15
the resolution of issues. The term includes arbitration,
Alternative Dispute Resolution
mediation, conciliation, early neutral evaluation, mini-trial,
or any combination thereof.

It usually refers to a party litigant in a case who would be

adversely affected by the court’s decision. Answer 16
Adverse Party

A Latin term which means “just for a particular action.”

Thus, a guardian ad litem is a guardian appointed to represent
Answer 17
a minor or incompetent just for that specified proceeding.
Ad Litem

The remedial procedure by which an aggrieved party elevates

the decision of a lower court to a higher court for review and
Answer 18
reconsideration with a view to having it reversed or modified.
Appeal

The Latin expression of a doctrine in criminal law which

states that what is alleged in the information or complaint
must be proven during trial; otherwise, the allegation cannot Answer 19
be used against the accused. Allegata et Probata

An appeal to the Supreme Court where, generally, only

questions of law are raised or involved. Note that the review
by the Supreme Court is not a matter of right but of sound Answer 20
judicial discretion. Appeal by Certiorari

A “friend of the court” whose legal learning or expertise is

judicially sought to advise on matters of which a judge may
be doubtful or in need of special assistance.
Amicus Curiea

Matching Type
The fitness to be the subject of legal relations. It is inherent in
every natural person and is lost only through death. It is to be
distinguished from “capacity to act,” which is the power to do Answer 1
acts with legal effect. Juridical Capacity

Where an answer fails to tender an issue, or otherwise admits the

material allegations of the adverse party’s pleading, the court
Answer 2
may, on motion of the party, direct judgment on such pleading.
Judgment on the Pleadings

A Latin term which means “essentially the same except for

minor details.” Answer 3
Mutatis Mutandis

A written or verbal admission made by a party in the course of

the proceedings in the same case and thereby conclusive on him
and his successors in interest. The admission does not require
proof and may be contradicted or repudiated only by showing Answer 4
that it was made through palpable mistake or that no such Judicial Admission
admission was made.

A specific denial by the defendant of the material fact or facts

alleged in the pleading of the claimant essential to his cause or
Answer 5
causes of action.
Negative Defense

Referred to as MR for short, it is a pleading whereby the movant

asks the court to revisit its decision which, in his view, is not
supported by the facts, the law, or the evidence with a view to Answer 6
having it modified or reversed. Motion for Reconsideration

The underlying power of the courts to scrutinize the acts of the Answer 7
Executive and Legislative branches of government, as well as Judicial Review
administrative agencies exercising quasi-judicial authority on
questions of law and jurisdiction, as well as their exercise of
discretion.

A Latin term which means “the law of the place,” usually

referring to the place where the court sits. Answer 8
Lex Loci

A definite and concrete dispute touching on the legal relations of

parties having adverse legal interests which may be resolved by
Answer 9
a court through the application of a law.
Justiciable Controversy

A matter that falls within the jurisdiction of the courts over

which they can exercise judicial power to the exclusion of either
Answer 10
the Executive or Legislative branch of government.
Justiciable Issue

A decision arrived at by a majority of the members of an

appellate court, or any of its divisions, that is considered as a
decision of the whole court. It is, thus, the controlling opinion of Answer 11
the entire court. Majority Decision

An application for relief other than by a pleading. It must be in

writing except those made in open court or in the course of a
hearing or trial. It shall state the relief sought to be obtained and Answer 12
the grounds upon which it is based. Motion

A term applied to an established rule that when an appellate

court decides a question and remands the case to the lower court
for further proceedings, the question there as settled becomes the Answer 13
law of the case upon subsequent appeal. Law of the Case Doctrine

The power or authority of a court to hear and decide a given

case. Answer 14
Jurisdiction

A Latin term which means taking action or using one’s initiative Answer 15
without prodding from anyone. Note the spelling of proprio – it Motu Proprio
is not “propio.”
Issues of fact which do not require proof in a judicial proceeding
because they are of public knowledge, capable of unquestionable
demonstration, or ought to be known to judges because of their Answer 16
judicial functions. Judicial Notice

The final process for carrying into effect the decision of an

appellate court, and the transmittal thereof to the court of origin
Answer 17
that is predicated upon the finality of the judgment.
Mittimus

The legal point or issue involved in a dispute that a court is

called upon to resolve, the matter having been commenced and
Answer 18
brought before it.
Lis Mota

One who is not indispensable but who ought to be joined as a

party if complete relief is to be accorded as to those who are
already parties to the case, or for a complete determination or Answer 19
settlement of the claim that is subject of the action. Necessary Party

A denial in a pleading which, in fact, can be interpreted as an

affirmation or admission of a substantial fact that is at the heart
Answer 20
of the issue involved.
Negative Pregnant

A special civil action brought by an aggrieved party against a

tribunal, corporation, board, officer or person unlawfully
neglecting the performance of an act which the law specifically
requires as a duty to be performed resulting from an office, trust,
or station. It also covers situations of unlawfully excluding
another from the use and enjoyment of a right or office to which
such other is entitled, and there is no other plain, speedy, and
adequate remedy in the ordinary course of law for the purpose of
commanding the respondent to do the act required to be done to
protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the wrongful act of the
respondent.
Mandamus