Quasi Judicial

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QUASI JUDICIAL Authority or discretion vested in a public officer whose acts or duties partake of a judicial character.

SUBSTANTIAL EVIDENCE Evidence adequate to support the reasonable conclusion that a certain act or omission occurred. WHAT IS DUE PROCESS? > The idea that laws and legal proceedings must be fair > Principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property WHAT ARE THE TWO BRANCHES OF DUE PROCESS? > Due process covers two aspectssubstantive and procedural due process > Substantive due process refers to the intrinsic validity of the law > Procedural due process, which is based on the principle that a renders judgment only after trial and based on the evidence presented therein Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication: 1. Disputes between private parties, such as individuals or corporations. 2. Disputes between private parties and public officials. 3. Disputes between public officials or public bodies.

Definition of arbitration Arbitration is formally defined as a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated pursuant to law, resolve a dispute by rendering an award. Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.[1] Other forms of ADR include mediation[2] (a form of settlement negotiation facilitated by a neutral third party) and nonbinding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also

frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration as contract Arbitration is a creature of contract. There can be no arbitration unless the parties agree to submit their dispute to arbitration. If there is no agreement to submit a dispute to arbitration, the remedy of the aggrieved party is to file a case in court. An aggrieved party cannot compel the other party to arbitrate. The parties may agree to submit a dispute to arbitration either before or after a dispute arises. Disputes that may be referred to arbitration All types of commercial disputes may be referred to arbitration. The word commercial is broadly defined as matters arising from all relationships of a commercial nature, whether contractual or not. Disputes that are not arbitrable The following disputes cannot be submitted to arbitration: (a) labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended, and its Implementing Rules and Regulations; (b) the civil status of persons; (c) the validity of a marriage; (d) any ground for legal separation (of married persons); (e) the jurisdiction of courts; (f) future legitime; (g) criminal liability; and (h) those disputes which by law cannot be compromised

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