Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 7

151. MALEFACTOR - One who commits an offense against the law especially.

- One who does ill


toward another. Example: a. She regards anyone who would cause the breakup of a family as a
malefactor of the worst sort. b. The victim was able to give a clear description of the malefactor to the
police.

-To consider the offense as it was committed by a band, there should have more than 3 offenders
from.the commission.

152. MANDAMUS - A writ issued by a superior court commanding the performance of a specified official
act or duty. Example: a. But, to repeat, winning the case is different from winning the mandamus. b. On
average, mandamus petitions are decided by the Court of Criminal Appeals within about three-six
months.

-the Supreme court issued mandamus for the review of the decision of the lower court.

153. MEA CULPA - a formal acknowledgment of personal fault or error. - Mea culpa, which means
"through my fault" in Latin, comes from a prayer of confession in the Catholic Church. Said by itself, it's
an exclamation of apology or remorse that is used to mean "It was my fault" or "I apologize." Mea culpa
is also a noun, however. A newspaper might issue a mea culpa for printing inaccurate information, or a
politician might give a speech making mea culpas for past wrongdoings. Mea culpa is one of many
English terms that derive from the Latin culpa, meaning "guilt." Some other examples are culpable
("meriting condemnation or blame especially as wrong or harmful") and culprit ("one guilty of a crime or
a fault"). Example: a. He mayor's public mea culpa didn't satisfy his critics.

-The Department of Education raises a mea culpa announcement from the lapses of the module
distributed during the school year.

154. MENS REA - A criminal intent. - The mental element of a person's intention to commit a crime.
Example: a. In the law, this is the highest mens rea proof requirement. b. ANONYMOUS Wrongdoing
generally requires two elements: a guilty act, actus reus, and a guilty mind, mens rea.

-For murder to establish, the mens rea should be present.

155. MERCENARY - One that serves merely for wages, especially: a soldier hired into Foreign Service. -
Serving merely for pay or sordid advantage. - Hired for service in the army of a foreign country. Example:
a. His motives in choosing a career were purely mercenary.

-Lito accepts his job mainly for his personal mercenary and not for his family

156. MITTIMUS - A warrant of commitment to prison. - A warrant issued to a sheriff commanding the
delivery to prison of a person named in the warrant. Example:

a. With this mittimus he delivered us to the constables to convey us to Leicester jail. b. “Then,” said he,
“I must commit you;” and ordered his clerk to make a mittimus.

-the court, after the promulgation of judgment, issued mittimus for the immediate conviction of the
appelant.
157. MOTU PROPRIO - A rescript initiated and issued by the pope of his own accord and apart from the
advice of others. Example: a. This motu proprio confirmed and blessed secular institutes within the
Catholic Church.

-The release of motu proprio serves as an additional guide by the Supreme Court whether the legislated
act is constitutional or not.

158. MUTUUM - A contract for the loan of goods which will be used or consumed by the borrower, to be
repaid with goods of an equivalent quantity and quality. Example: a. In a loan of money, under mutuum ,
the borrower was not required to pay inter

-In a loan to Home Credit Inc, under mutuum, the borrower was required to pay the amount for the
period of 3 years.

159. MIRANDA DOCTRINE - The rights (as the right to remain silent, to have an attorney present, and to
have an attorney appointed if indigent) of which an arresting officer must advise the person being
arrested. - A reading of the Miranda rights usually includes a warning that anything said could be used as
evidence. No statements made by an arrested person or evidence obtained therefrom may be
introduced at trial unless the person was advised of or validly waived these rights. A fresh reading of the
Miranda rights may be required by the passage of time after the initial reading, as for example if a
previously silent person begins to speak or police interrogate a person more than once. Example: a. Ody
Myesha Orso and so on changed Miranda Rule into being conservative and more focusing ensuring the
police about how to efficiently execute the law.

-after arresting the offenders in committing robbery, the police recited the miranda doctrine as part of
the statutory rights of the accused.

160. MALUM PROHIBITUM - An offense prohibited by statute but not inherently evil or wrong. Example:
a. It is considered as Malum Prohibitum when you

-His negligence is part of the malum.prohibitum of his act

161. NON ALLEGATA NON PROBATE

162. NON COMPOS MENTIS - Not of sound mind. Example: a. Will seek to prove that the elderly tycoon
was non compos mentis when he dictated that will.

163. NON PROSEQUITUR - A judgment entered against a plaintiff who fails to appear at the court
proceedings or fails to do any other thing procedurally necessary. Example:

-Judge Ariola decided that the case will be in favor of the accused due to non prosequitur circumstance.

164. NUISANCE - One that is annoying, unpleasant, or obnoxious. Example:

a. The new neighbor is threatening to become a nuisance, dropping in on us several times a day.

-Sometimes, love starts with nuisance.

165. OBITER DICTUM - A judge's incidental expression of opinion, not essential to the decision and not
establishing precedent. Example:
-the court arrived at a logical conclusion through judge's obiter dictum.

166. ONUS PROBANDI - Burden of proof: the duty of proving a disputed assertion or charge. - The
responsibility of proving that something is true in a court of law. It is also called the burden of proof.
Example: a. In all such suits the onus probandi shall lie upon the plaintiff.

167. OVERBREADTH DOCTRINE - The quality or state of being overbroad. - A doctrine in constitutional
law: a law that prohibits protected conduct (as free speech) as part of its reach may be struck down as
unconstitutional if the threat to protected activity is a substantial effect and if it cannot be clearly
removed. Example: a. In First Amendment cases, another type of facial challenge is enunciated in the
overbreadth doctrine.

168. PACTA SUNT SERVANDA - An expression signifying that the agreements and stipulations of the
parties to a contract must be observed. Example: a. To derive from these sources that pacta sunt
servanda includes the principle of good faith is therefore incorrect.

169. PACTO DE RETRO SALE - refers to the sale wherein the seller has the right to repurchase the subject
matter or the property being sold. The essence of a pacto de retro sale is that the title and ownership of
the property sold transfers immediately to the vendee a retro. Example: a. A deed of Sale with Pacto de
Retro entitles the vendor a retro to repurchase or buy back the thing sold from the vendee a retro.

170. PARENS PATRIAE - The state in its capacity as the legal guardian of persons not sui juris and without
natural guardians, as the heir to persons without natural heirs, and as the protector of all citizens unable
to protect themselves. Example: a. The State is supposed to proceed in respect of the child as parens
patriae and not as adversary.

-If the child lost his guardian, and that no one will take care of him, the state has the right to take care of
the said child. This is said to be the parens patriae doctrine.

171. PARI DELICTO

- a doctrine that bars a plaintiff who has participated in wrongdoing from recovering damages for loss
resulting from the wrongdoing. Example: a. The principle of in pari delicto applies, preventing people
from suing others for crimes in which they also participated.

--If Helan was benefited by the money taken from robbery, thus, she is not allowed to file a suit against
her co-perpetrators.

172. PAROLE - The release of a prisoner temporarily (for a special purpose) or permanently before the
completion of a sentence, on the promise of good behavior. - A watchword given only to officers of the
guard and of thguardian - A conditional release of a prisoner serving an indeterminate or unexpired
sentence. Example: a. He committed a burglary while on parole. b. The prisoner will be eligible for
parole after three years. c. She robbed a bank while out on parole.
-Pres. Rodrigo Duterte grants parole to prisoners who have shown their intention to interest to serve
their religion for the rest of their lives.

173. PATENT - of, relating to, or concerned with the granting of patents especially for inventions. -
making exclusive or proprietary claims or pretensions. Example: a. Peddled his patent notions in season
and out. b. They were sued for patent infringement. c. His explanation turned out to be a patent lie.

-It would be

174. PATRIA POTESTAS - power that the male head of a family exercised over his children and his more
remote descendants in the male line, whatever their age, as well as over those brought into the family
by adoption. Example: a. The father has patria potestas, and as king and absolute ruler he can kill his
children unpunished.

175. PENDENT LITE - During the suit : while litigation continues. Example: a. He awarded joint legal
custody of the child pendente lite.

-The court granted a recess in case pendente lite for prosecutions to prepare in a last minute

176. PER CURIAM - A very brief usually unanimous opinion or decision of a court rendered without
elaborate discussion of the principles or reasons therefore. Example: a. Monday's per curiam decision
was restrained, as befits what amounts to an interim finding.

-Sen. Cayetano stays as the House Speaker of the house as the members’ per curiam decision to remain
him.

177. PERJURY - The voluntary violation of an oath or vow either by swearing to what is untrue or by
omission to do what has been promised under oath : false swearing. Example:

a. Because Ann was not honest about her participation in the murder, she was sentenced to extra time
in prison for committing perjury.

-If the witnesses had acted with perjury, their testimonies in trial is considered de facto in nature.

178. PLEA - a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in
response to a charge, offering an allegation of fact, or claiming that a point of law should apply.
Example: a. He changed his plea to not guilty. b. The teachers' pleas for calm were greeted with cheers
that would not have been out of place at a basketball game.

-In arraignment, the accused had announced his plea of guilty in murdering his husband.

179. PRIMA FACIE - based on the first impression; accepted as correct until proved otherwise. - Legally
sufficient to establish a fact or a case unless disproved. Example: a. Tension is in the air, and the body
language, mannerisms and discussions at board meetings is prima facie evidence that the struggle is
real.

-The real talent is that


180. PONENTE - The member to whom the court, after its deliberation on the merit of the case, assigns
the writing of its decision or resolution in the case. Example:

-Justice Palma, as the ponente of the case, was poetic and meticulous in her words.

181. PRECEDENT - An earlier event or action that is regarded as an example or guide to be considered in
subsequent similar circumstances. - Something done or said that may serve as an example or rule to
authorize or justify a subsequent act of the same or an analogous kind. Example: a. Behavior that may
be explained by a precedent event in her troubled life.

-It was found out that the precedent act of the driver lis the main cause of the accident.

182. PREJUDICE - Harm or injury that results or may result from some action or judgment. Example: a.
Today most Filipino not hampered by poverty or prejudice take for granted their right to study.

-A contract is acceptable as long as it will no prejudice a third person.

183. PRESCRIPTION - the establishment of a claim of title to something under common law usually by
use and enjoyment for a period fixed by statute - the right or title acquired under common law by such
possession. - the process of making claim to something by long use and enjoyment. Example: a. The
drug is only sold with a prescription.

-Some prescription of the present administration do not have good implications in fighting against the
pandemic.

184. PRIMA FACIE - based on the first impression; accepted as correct until proved otherwise. - Legally
sufficient to establish a fact or a case unless disproved.

Example: a. Tension is in the air, and the body language, mannerisms and discussions at board meetings
is prima facie evidence that the struggle is real.

-There are hair follicles and murder weapons for the commission of the crime, and which serves as the
prima facie evidences presented in court l. Ý

185. PRO BONO - Being, involving, or doing professional and especially legal work donated especially for
the public good. Example: a. Location also dictates how many immigration attorneys, particularly those
willing to work pro bono, are available.

-My eldest sister who was a lawyer usually practice her profession with pro bono offerings.

186. PRO FORMA - made or carried out in a perfunctory manner or as a formality. - based on financial
assumptions or projections: such as; a: reflecting a transaction (such as a merger) or other development
as if it had been or will be in effect for a past or future period b: excluding usually extraordinary charges
or expenses (as from acquisitions, restructuring, or the write-down of goodwill) often in order to present
a more attractive financial report Example: a. The meeting was strictly pro forma, since the decision had
already been made.

187. PRO HAC VICE - For this occasion —used for participation in a legal proceeding by an attorney not
licensed in the jurisdiction. Example: a. He has also been admitted pro hac vice in cases throughout the
country.
188. PROBATE - Is the term for a legal process in which a will is reviewed to determine whether it is valid
and authentic. Probate also refers to the general administering of a deceased person's will or the estate
of a deceased person without a will. Example: a. All wills are probated in this court and all estates of
people who die without a will are handled in this court.

189. PROVISO - A condition attached to an agreement. - An article or clause (as in a contract) that
introduces a condition. - A conditional stipulation. Example: a. He accepted the job with one proviso: he
would work alone. b. Released the drunken revelers with the proviso that they behave for the
remainder of the Mardi Gras.

190. PUTATIVE - Generally considered or reputed to be. - Commonly accepted or supposed.

- assumed to exist or to have existed. Example: a. His has always been a nation willing to sell out its past
for putative progress. b. The putative champions of liberty took up the cry of dissent only after it had
become profitable and safe.

191. PRELIMINARY INJUNCTION - An injunction that may be granted before or during trial, with the goal
of preserving the status quo before final judgment. - a court order made in the early stages of a lawsuit
or petition which prohibits the parties from doing an act in order to preserve the status quo until a
pending ruling or outcome.

192. QUANTUM MERUIT - A reasonable sum of money to be paid for services rendered or work done
when the amount due is not stipulated in a legally enforceable contract. - "the amount he deserves" or
"as much as he has earned". - A claim or count grounded on an implied contract that the defendant
would pay the plaintiff as much as deserved for services or materials provided. - a theory or doctrine
that permits recovery by a party for services or materials provided despite the absence of an express
contract when they were accepted and used by the defendant under circumstances which gave
reasonable notice that the plaintiff expected to be paid for them. Example: a. He was entitled to be paid
on a quantum meruit basis.

193. QUASI-DELICT - An act whereby a person, without malice, but by fault, negligence or imprudence
not legally excusable, causes injury to another.

194. QUID PRO QUO - A favor or advantage granted or expected in return for something. - Something
given or received for something else. Example: a. in politics nobody does something for nothing: there's
always a quid pro quo involved. b. The pardon was a quid pro quo for their help in releasing hostages.

195. QUIETING OF TITLE - is a common law remedy for the removal of any cloud upon or doubt or
uncertainty with respect to title to real property. - Art. 476. Whenever there is a cloud on title to real
property or any interest therein, by reason of any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact invalid,
ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be
brought to remove such cloud or to quiet the title.\ - An action may also be brought to prevent a cloud
from being cast upon title to real property or any interest therein. TWO ACTIONS ARE BEING REFERRED
TO IN THESE PROVISIONS 1. REMEDIAL—action to remove cloud or to quiet title 2. PREVENTIVE—
action to prevent a future cloud or doubt
196. QUO WARRANTO - a writ or legal action requiring a person to show by what warrant an office or
franchise is held, claimed, or exercised. - An English writ formerly requiring a person to show by what
authority he exercises a public office, franchise, or liberty. - a legal proceeding for a like purpose begun
by an information. - The legal action begun by a quo warranto. Example: a. A number of proceedings,
including quo warranto, were threatened in order to force a judicial determination. b. Raza in the quo
warranto petition called for explanation from the respondents as to under what statuary of law he was
holding this position.

197. RATIO DECIDENDI - He rule of law on which a judicial decision is based. - is a legal rule regarding the
legal reasoning behind the judgment of the judge or jury. To explore this concept, consider the following
ratio decidendi definition. Example: a. He rarely recorded his ratio decidendi but, despite this, few of his
decisions were overturned on appeal.

198. REBUS SIC STANTIBUS - So long as conditions have not substantially changed. - In these
circumstance’, in public international law the doctrine that considers a treaty as being no longer
obligatory if there is a material change in circumstances. Example: a. a doctrine in international law that
treaties are binding only rebus sic stantibus.

199. REBUTTAL EVIDENCE - It is a form of evidence that is presented to contradict or nullify other
evidence that has been presented by an adverse party.

200. RECIDIVIST - A convicted criminal who reoffends, especially repeatedly. - One who relapses,
specifically : a habitual criminal. Example: a. While none of them is a BoJack-level recidivist, the friends
who’ve helped to prop him up over the years have self-sabotaging patterns of their own.

You might also like