Podcast
Questions and Answers
What is a defining characteristic of inferior courts?
What is a defining characteristic of inferior courts?
- They are subordinate to superior courts. (correct)
- They operate independently of other courts.
- They can review decisions of superior courts.
- They have original jurisdiction.
Which of the following courts is NOT considered a court of original jurisdiction?
Which of the following courts is NOT considered a court of original jurisdiction?
- Regional Trial Court
- Metropolitan Trial Courts
- Supreme Court
- Court of Appeals (correct)
Which type of court has the ability to hear all types of cases, both civil and criminal?
Which type of court has the ability to hear all types of cases, both civil and criminal?
- Court of General Jurisdiction (correct)
- Court of Special Jurisdiction
- Court of Appeals
- Inferior Court
What is the primary function of appellate courts?
What is the primary function of appellate courts?
Which of the following courts has specific powers for particular purposes?
Which of the following courts has specific powers for particular purposes?
Which of these is NOT a characteristic of courts of special jurisdiction?
Which of these is NOT a characteristic of courts of special jurisdiction?
What distinguishes courts of appellate jurisdiction from those of original jurisdiction?
What distinguishes courts of appellate jurisdiction from those of original jurisdiction?
Which of the following accurately describes superior courts?
Which of the following accurately describes superior courts?
What is the primary function of agencies like the National Labor Relations Commission?
What is the primary function of agencies like the National Labor Relations Commission?
Which statement correctly distinguishes between a court and a judge?
Which statement correctly distinguishes between a court and a judge?
According to the Doctrine of Continuity of Jurisdiction, what happens to cases if a judge resigns?
According to the Doctrine of Continuity of Jurisdiction, what happens to cases if a judge resigns?
What is NOT a characteristic of a court as described in the content?
What is NOT a characteristic of a court as described in the content?
Which of the following is NOT an activity conducted by law enforcement in the criminal justice system?
Which of the following is NOT an activity conducted by law enforcement in the criminal justice system?
What role do agencies like the Bureau of Labor Standards fulfill?
What role do agencies like the Bureau of Labor Standards fulfill?
What is the primary function of the Philippine National Police within the criminal justice system?
What is the primary function of the Philippine National Police within the criminal justice system?
What must guide police discretion to avoid abuse of power?
What must guide police discretion to avoid abuse of power?
Why does the continuity of a court remain unaffected when a judge vacates their position?
Why does the continuity of a court remain unaffected when a judge vacates their position?
What distinguishes a court from a judge in terms of legal personality?
What distinguishes a court from a judge in terms of legal personality?
Which principle is emphasized in the responsibilities of law enforcement officials?
Which principle is emphasized in the responsibilities of law enforcement officials?
Which of the following statements is correct about the relationship between judges and the courts?
Which of the following statements is correct about the relationship between judges and the courts?
What is one of the two powers performed by law enforcement mentioned?
What is one of the two powers performed by law enforcement mentioned?
Which department oversees the National Bureau of Investigation?
Which department oversees the National Bureau of Investigation?
What is the term used to refer to the wise use of judgment by law enforcement?
What is the term used to refer to the wise use of judgment by law enforcement?
Which of the following is a consequence of abuse of police discretion?
Which of the following is a consequence of abuse of police discretion?
What is the principle behind the doctrine of checks and balances?
What is the principle behind the doctrine of checks and balances?
Which of the following best describes the doctrine of stare decisis?
Which of the following best describes the doctrine of stare decisis?
What does the doctrine of non-interference imply about courts of equal jurisdiction?
What does the doctrine of non-interference imply about courts of equal jurisdiction?
Which of the following actions requires cooperation under the doctrine of checks and balances?
Which of the following actions requires cooperation under the doctrine of checks and balances?
Under what circumstance does the doctrine of judicial stability not apply?
Under what circumstance does the doctrine of judicial stability not apply?
What is a key purpose of the doctrine of stare decisis?
What is a key purpose of the doctrine of stare decisis?
Which of the following illustrates a violation of the doctrine of non-interference?
Which of the following illustrates a violation of the doctrine of non-interference?
In which scenario would the checks and balances not be applied?
In which scenario would the checks and balances not be applied?
What entity now holds jurisdiction over domestic adoption cases?
What entity now holds jurisdiction over domestic adoption cases?
What type of proceedings are domestic adoption cases classified as?
What type of proceedings are domestic adoption cases classified as?
What is the primary role of the legislative branch of the government?
What is the primary role of the legislative branch of the government?
What power is specifically held by the executive branch?
What power is specifically held by the executive branch?
Which of the following is a primary difference between criminal and civil procedure?
Which of the following is a primary difference between criminal and civil procedure?
What must happen to judicial petitions for domestic adoption that are pending in court?
What must happen to judicial petitions for domestic adoption that are pending in court?
What does the judicial branch of the government primarily do?
What does the judicial branch of the government primarily do?
Which of the following is NOT a distinct power of the President?
Which of the following is NOT a distinct power of the President?
What is true about a constitutional court?
What is true about a constitutional court?
Which of the following accurately describes a statutory court?
Which of the following accurately describes a statutory court?
What characterizes a court of law?
What characterizes a court of law?
What is equity in the context of legal proceedings?
What is equity in the context of legal proceedings?
What defines equity jurisdiction?
What defines equity jurisdiction?
When does equity not apply to a case?
When does equity not apply to a case?
In what scenario would a court of law be unable to render a decision?
In what scenario would a court of law be unable to render a decision?
Which of the following is NOT a characteristic of a court of equity?
Which of the following is NOT a characteristic of a court of equity?
Flashcards
Law Enforcement
Law Enforcement
The core of the criminal justice system, it includes activities like preventing crime, suppressing crime, apprehending offenders, conducting searches and seizures, and investigating crimes. These efforts involve protecting lives and property.
Police Discretion
Police Discretion
This refers to exercising judgment, using experience and common sense to make decisions in law enforcement situations. It can include using their powers of arrest or deciding whether to conduct a search.
Investigatory Power
Investigatory Power
The legal authority given to law enforcement personnel to investigate potential crimes. This can involve questioning suspects, gathering evidence, and carrying out searches.
Apprehension Power
Apprehension Power
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Prosecution
Prosecution
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Adjudication
Adjudication
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Corrections
Corrections
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Defense
Defense
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Jury
Jury
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Domestic Adoption Jurisdiction
Domestic Adoption Jurisdiction
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Adoption Proceedings: Administrative
Adoption Proceedings: Administrative
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Withdrawal of Adoption Petitions
Withdrawal of Adoption Petitions
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Criminal Procedure
Criminal Procedure
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Civil Procedure
Civil Procedure
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Legislative Branch
Legislative Branch
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Executive Branch
Executive Branch
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Judicial Branch
Judicial Branch
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What is a court?
What is a court?
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What is a judge?
What is a judge?
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What is the doctrine of adherence or continuity of jurisdiction?
What is the doctrine of adherence or continuity of jurisdiction?
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What is a superior court?
What is a superior court?
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What is a specialized court?
What is a specialized court?
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What is a court of general jurisdiction?
What is a court of general jurisdiction?
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What is a court of limited jurisdiction?
What is a court of limited jurisdiction?
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What is an appellate court?
What is an appellate court?
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Superior Court
Superior Court
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Inferior Court
Inferior Court
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Court of Original Jurisdiction
Court of Original Jurisdiction
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Court of Appellate Jurisdiction
Court of Appellate Jurisdiction
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Court of General Jurisdiction
Court of General Jurisdiction
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Court of Special Jurisdiction
Court of Special Jurisdiction
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Constitutional Court
Constitutional Court
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Statutory Court
Statutory Court
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Court of Law
Court of Law
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Court of Equity
Court of Equity
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Equity
Equity
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Equity Jurisdiction
Equity Jurisdiction
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When Equity Doesn't Apply
When Equity Doesn't Apply
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Doctrine of Checks and Balances
Doctrine of Checks and Balances
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Doctrine of Stare Decisis
Doctrine of Stare Decisis
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Doctrine of Non-interference/Judicial Stability
Doctrine of Non-interference/Judicial Stability
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Study Notes
Institutional Framework of Criminal Justice
- The five pillars of the criminal justice system are law enforcement, prosecution, courts, corrections, and community.
- Law Enforcement is the prime mover, preventing crime, repressing crime, apprehending offenders, conducting searches and seizures, investigating crimes, and protecting lives and property.
- Pillars are guided by police discretion: common sense, personal experience, and sound judgment.
- Law Enforcement examples include the Philippine National Police (PNP), the Department of Interior and Local Government (DILG), and the National Bureau of Investigation (NBI).
- Prosecution involves evaluating police findings, handling complaints, filing information or criminal complaints, and representing the state in court cases.
- Prosecution examples include Provincial and City Public Prosecutors, and the National Prosecution Service.
- Courts involve proper trials complying with Rules of Court after information or criminal complaints are filed, dealing with regular courts (Supreme Court, Court of Appeals, Regional Trial Courts, etc.) and special courts (Sandiganbayan, Tax Appeals, etc.)
- Corrections oversees the custody, supervision, and rehabilitation of criminal offenders.
- Corrections sub-departments deal with institutional corrections (jails, prisons) and non-institutional corrections (community-based treatment like probation, parole, or conditional pardon).
- Community returns arrested persons to the community under specific circumstances.
Overview of the Nature of Criminal Procedure
- Criminal procedure is the method to apprehend, prosecute, and punish individuals accused of crimes.
- The goal is to balance governmental interests (peace and order) with individual rights.
Criminal Law vs. Criminal Procedure
- Criminal law defines crimes and punishments.
- Criminal procedure outlines the process of enforcing those laws, including arrest, investigation, and prosecution.
Systems of Procedure
- Adversarial (Accusatorial): Two opposing sides (prosecution and defense) present their cases before a neutral judge.
- Inquisitorial: The judge actively investigates and guides proceedings.
Statutory Construction
- Statutory construction is the process of interpreting laws.
- Clear and unambiguous laws are applied literally.
- Ambiguous or unclear laws require interpretation.
Substantive vs. Remedial Law
- Substantive law defines rights and duties.
- Remedial law describes how to enforce substantive rights.
- Remedial law can be retroactive, while substantive law is not, unless explicitly stated in the law.
Procedural and Remedial Laws
- Rules of criminal procedure will benefit a defendant.
- Some procedural rules can have retroactive application.
Courts
- Judicial courts deal with court cases with legal controversies and determining whether there has been abuse of discretion by government entities.
- Quasi-judicial courts are administrative bodies addressing social policies or business issues.
Doctrine of Separation of Powers
- The separation of powers distributes governmental authority among the executive, legislative, and judicial branches.
- Each branch has its own exclusive powers.
- Each branch can check the powers of the other branches.
Doctrine of Non-interference
- Courts of equal jurisdiction cannot interfere with each other's proceedings/orders.
- Exceptions exist in cases involving independent/separate actions etc.
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