Professional Documents
Culture Documents
exclusive jurisdiction - where one court has the power to adjudicate a case to the
exclusion of all other courts.
special jurisdiction - courts' jurisdiction over certain types of cases such as bankruptcy,
claims against the government, probate, family matters, immigration and customs, or
limitations on courts' authority to try cases involving maximum amounts of money or
value.
general jurisdiction - refers to a court that holds the authority to hear all types of cases
except those prohibited by the laws in that state. Case types include civil, criminal,
family, probate, and others.
limited jurisdiction - courts' jurisdiction over certain types of cases such as bankruptcy,
claims against the government, probate, family matters, immigration and customs, or
limitations on courts' authority to try cases involving maximum amounts of money or
value.
concurrent jurisdiction - is the ability to exercise judicial review by different courts at the
same time, within the same territory, and over the same subject matter.
appellate jurisdiction - the power of a higher court to review decisions and change
outcomes of decisions of lower courts.
judicial discretion - the power of the judiciary to make some legal decisions according to
their discretion.
question of fact - which must be answered by reference to facts and evidence as well
inferences arising from those facts.
question of law - also known as a point of law, is a question that must be answered by
applying relevant legal principles to interpretation of the law.
obiter dicta - a judge's incidental expression of opinion, not essential to the decision and
not establishing precedent.
prima facie case - the rule of law on which a judicial decision is based.
Tort - a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
Possession de Jure De jure is commonly paired with de facto, which means "in fact." In
the course of ordinary events, the term de jure is superfluous.
Forcible entry unlawful taking of possession of real property by force or threats of force
or unlawful entry into or onto another's property, especially when accompanied by
force.
Joint liability When two people are jointly liable, each is individually liable for whatever
debt or obligation they have together.
Jointly and Severally Liable When two or more partners have joint and several liability
for a debt, a creditor may sue any one of the partners.
Solidary Liability When two or more partners obtain a loan for which they are severally
liable, each partner is only liable for their own obligation.
Copyright it is the right over literacy and artistic works which are original intellectual
creations in the literary and artistic domain protected form the moment of creation.
Trademark refers to any distinctive words, letters, numerals, drawings, pictures,
shapes, colors, logotypes, labels or combinations used to distinguish goods or services.
Intellectual Property refers to the creations of mind: inventions, literary and artistic
works, symbols, names, images, and designs used in commerce.
Writ of Amparo remedy available to any person whose right to life, liberty and security
is violated or threatened with violation by an unlawful act or omission of a public official
or employee, or of a private individual or entity.
Double Jeopardy When an accused has been convicted or acquitted, or the case
against him dismissed or otherwise terminated without his express consent by a court
of competent jurisdiction, upon a valid complaint or information or other formal
charge sufficient in form and substance to sustain a conviction and after the accused
had pleaded to the charge, the conviction or acquittal of the accused or the dismissal
of the case shall be a bar to another prosecution for the offense charged, or for
any attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the former
complaint or information.
Res Judicata a matter that has been adjudicated by a competent court and may not be
pursued further by the same parties.
Prescription The role that the passage of time plays in the making and ending of certain
rights. A way to acquire an easement on or in real property belonging to another by
occupying it continuously for a prescribed period of time. See also adverse possession.
Failure to state cause of action A defense asserting that even if all the factual
allegations in a complaint are true, they are insufficient to establish a cause of action.
Lack of Cause of Action refers to a situation where the evidence does not prove the
cause of action alleged in the pleading.