CRIMINAL JURISPRUDENCE AND PROCEDURE SET ONE

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one
answer for each item by marking the box corresponding to the letter of your choice on the
answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
MULTIPLE CHOICE
1. Berto, with evident premeditation and treachery killed his father. What was the crime
committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Bitoy keep
unlicensed firearms in his home. What was the crime committed by PO3 Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
3. Charlie and Lea had been married for more than six months. They live together with the
children of Lea from her first husband. Charlie had sexual relationship with Jane, the 14 year old
daughter of Lea. Jane loves Charlie very much. What was the crime committed by Charlie, if
any?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
4. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following
day, Lito slapped Prof. Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
5. A warrant of arrest was issued against Fred for the killing of his parents. When PO2 Tapang
tried to arrest him, Fred gave him 1 million pesos to set him free. PO2 Tapang refrained in
arresting Fred. What was the crime committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery
6. Which of the following is the exemption to the hearsay rule made under the consciousness of
an impending death?
A. parol evidence
B. ante mortem statement
C. suicide note
D. dead man statute
7. Factum probans means __.
A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence
8. It refers to family history or descent transmitted from one generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture
9. The authority of the court to take cognisance of the case in the first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
10. A person designated by the court to assist destitute litigants.
A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel
11. Which of the following is not covered by the Rules on Summary Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment
12. It refers to a territorial unit where the power of the court is to be exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench
13. The Anti-Bouncing Check Law.
A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975
14. The taking of another person’s personal property, with intent to gain, by means of force and
intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief
15. Felony committed when a person compels another by means of force, violence or
intimidation to do something against his will, whether right or wrong.
A. grave threat
B. grave coercion
C. direct assault
D. slander by deed
16. These are persons having no apparent means of subsistence but have the physical ability to
work and neglect to apply himself or herself to lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants
17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and
insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal
18. The unauthorized act of a public officer who compels another person to change his residence.
A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault
19. The deprivation of a private person of the liberty of another person without legal grounds.
A. illegal detention
B. arbitrary detention
C. forcible abduction
D. forcible detention
20. An offense committed by a married woman through carnal knowledge with a man not her
husband who knows her to be married, although the marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality
21. Age of absolute irresponsibility in the commission of a crime.
A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old
22. Those who, not being principals cooperate in the execution of the offense by previous or
simultaneous acts.
A. Accomplices
B. Suspects
C. principal actors
D. accessories
23. The loss or forfeiture of the right of the government to execute the final sentence after the
lapse of a certain time fixed by law.
A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty
24. A kind of executive clemency whereby the execution of penalty is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve
25. Infractions of mere rules of convenience designed to secure a more orderly regulation of the
affairs of the society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes
26. Felony committed by a public officer who agrees to commit an act in consideration of a gift
and this act is connected with the discharge of his public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery
27. The wilful and corrupt assertion of falsehood under oath of affirmation, administered by
authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander
28. Deliberate planning of act before execution.
A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
29. Whenever more than 3 armed malefactors shall have acted together in the commission of a
crime.
A. gang
B. conspiracy
C. band
D. piracy
30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act
31. Ways and means are employed for the purpose of trapping and capturing the law breaker in
the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation
32. Those where the act committed is a crime but for reasons of public policy and sentiment
there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. complex crimes
33. One of the following is an alternative circumstance.
A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation
34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for
him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender
35. At what time may the accused move to quash the complaint or information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
36. The process whereby the accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial
37. The security given for the release of a person in custody, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the conditions specified by
law.
A. Subpoena
B. recognizance
C. bail
D. warrant
38. The examination before a competent tribunal, according to the laws of the land, of the acts in
issue in a case, for the purpose of determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment
39. The adjudication by the court that the accused i9s 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.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment
40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient
ground to engender a well founded belief that an offense has been committed and the offender is
probably guilty thereof and should be held for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining
41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the
proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
43. A form of evidence supplied by written instruments or derived from conventional symbols,
such as letters, by which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
44. When the witness states that he did not see or know the occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence
45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an offense
B. stolen or embezzled and other proceeds or fruits of the offense
C. subject of the offense
D. all of the above
46. All persons who can perceive and perceiving, can make known their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers
47. The unlawful destruction or the bringing forth prematurely, of human fetus before the natural
time of birth which results in death.
A. abortion
B. infanticide
C. murder
D. parricide
48. Felony committed when a person is killed or wounded during the confusion attendant to a
quarrel among several persons not organized into groups and the parties responsible cannot be
ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray
49. A question which arises in a case the resolution of which is the logical antecedent of the issue
involved in said case and the cognisance of which pertains to another tribunal.
A. legal question
B. juridical question
C. prejudicial question
D. judicial question
50. The offender has been previously punished for an offense to which the law attaches an equal
or greater penalty or two or more crimes to which it attaches a lighter penalty.
A. reiteracion
B. recidivism
C. quasi-recidivism
D. habitual delinquency
51. An act or omission which is a result of a misapprehension of facts that is voluntary but not
intentional.
A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime
52. Infanticide is committed by killing a child not more than….
A. 36 hours
B. 24 hours
C. 48 hours
D. 72 hours
53. Ignorance of the law excuses no one from compliance therewith.
A. ignorantia legis non excusat
B. parens patriae
C. res ipsa loquitur
D. dura lex sed lex
54. An act which would be an offense against persons or property if it was not for the inherent
impossibility of its accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime
55. The law which reimposed the death penalty.
A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551
56. One who is deprived completely of reason or discernment and freedom of the will at the time
of the commission of the crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility
57. The quality by which an act may be subscribed to a person as its owner or author.
A. responsibility
B. duty
C. guilt
D. imputability
58. Something that happen outside the sway of our will, and although it comes about through
some acts of our will, lies beyond the bounds of humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny
59. A sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public officer charged with the enforcement of the law violated.
A. subpoena
B. information
C. complaint
D. writ
60. This right of the accused is founded on the principle of justice and is intended not to protect
the guilty but to prevent as far as human agencies can the conviction of an innocent person.
A. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination
61. Known in other countries as the body of principles, practices, usages and rules of action
which are not recognized in our country.
A. penal laws
B. special laws
C. common laws
D. statutory laws
62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions
that would make an act voluntary and hence, though there is no criminal liability there is civil
liability.
A. Exempting
B. alternative
C. justifying
D. aggravating
63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he
incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating
64. When the offender enjoys and delights in making his victim suffers slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism
65. One, who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.
A. Recidivism
B. habitual delinquency
C. reiteracion
D. quasi-recidivism
66. Alevosia means
A. Craft
B. treachery
C. evident premeditation
D. cruelty
67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair
trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law
68. A person if within a period of 10 years from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is
found guilty of any of the said crimes a third time or oftener.
A. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal
69. A kind of evidence which cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
70. A kind of evidence which cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
71. These questions suggest to the witness the answers to which an examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay
72. A method fixed by law for the apprehension and prosecution of persons alleged to have
committed a crime, and for their punishment in case of conviction.
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence
73. The period of prescription of crimes punishable by death.
A. 20 years
B. 15 years
C. 10 years
D. 40 years
74. Persons who take direct part in the execution of a crime.
A. Accomplices
B. Accessories
C. Instigators
D. Principals
75. A crime against honor which is committed by performing any act which casts dishonor,
discredit, or contempt upon another person.
A. libel
B. slander by deed
C. incriminating innocent person
D. intriguing against honor
76. The improper performance of some act which might lawfully be done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction
77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.
A. subpoena
B. writ
C. warrant
D. affidavit
78. Any other name which a person publicly applies to himself without authority of law.
A. alias
B. common name
C. fictitious name
D. screen name
79. A special aggravating circumstance where a person, after having been convicted by final
judgment, shall commit a new felony before beginning to serve such sentence, or while serving
the same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari
80. Which of the following is not a person in authority?
A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor
81. In its general sense, it is the raising of commotions or disturbances in the State.
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat
82. The length of validity of a search warrant from its date.
A. 30 days
B. 15 days
C. 10 days
D. 60 days
83. The detention of a person without legal grounds by a public officer or employee.
A. illegal detention
B. arbitrary detention
C. compulsory detention
D. unauthorized detention
84. A breach of allegiance to a government, committed by a person who owes allegiance to it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat
85. A building or structure, exclusively used for rest and comfort.
A. sanctuary
B. prison
C. jail
D. dwelling
86. The mental capacity to understand the difference between right and wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment
87. Conspiracy to commit this felony is punishable under the law.
A. Estafa
B. Murder
C. Rebellion
D. Rape
88. It means that the resulting injury is greater than that which is intended.
A. Aberratio ictus
B. Error in personae
C. Dura Lex Sed lex
D. Praeter Intentionem
89. It means mistake in the blow.
A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
D. Praeter Intentionem
90. A stage of execution when all the elements necessary for its execution and accomplishment
are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished
91. An act or omission which is the result of a misapprehension of facts that is voluntary but not
intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony
92. Crimes that have three stages of execution.
A. Material
B. Formal
C. Seasonal
D. Continuing
93. Felonies where the acts or omissions of the offender are malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable
94. It indicates deficiency of perception.
A. Negligence
B. Diligence
C. Imprudence
D. Inference
95. Acts and omissions punishable by special penal laws.
A. Offenses
B. Misdemeanours
C. Felonies
D. Ordinances
96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the
Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive
97. A legislative act which inflicts punishment without judicial trial.
A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law
98. The taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
A. Search
B. Seizure
C. Arrest
D. Detention
99. Pedro stole the cow of Juan. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft
100. Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without
threat, force or intimidation. What was the crime committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these
Criminal Jurisprudence & Procedure
Set One
1. B
2. B
3. B
4. B
5. D
6. D
7. C
8. C
9. C
10. A
11. C
12. C
13. C
14. B
15. B
16. D
17. B
18. C
19. A
20. C
21. C
22. A
23. D
24. D
25. A
26. B
27. C
28. B
29. C
30. C
31. B
32. C
33. B
34. A
35. C
36. B
37. C
38. A
39. D
40. C
41. C
42. B
43. A
44. D
45. D
46. B
47. A
48. D
49. C
50. A
51. B
52. D
53. A
54. B
55. C
56. D
57. D
58. C
59. C
60. B
61. C
62. A
63. C
64. B
65. A
66. B
67. D
68. C
69. D
70. D
71. A
72. C
73. A
74. D
75. B
76. B
77. D
78. C
79. A
80. C
81. A
82. C
83. B
84. A
85. D
86. D
87. C
88. D
89. A
90. C
91. B
92. A
93. B
94. A
95. A
96. A
97. A
98. C
99. C
100. C

CRIMINAL LAW
When the Spanish colonizers conquered the Philippines, the Spanish Código Penal was made
applicable and extended to the Philippines by Royal Decree of 1870. This was replaced with the
old Penal Code which was put in place by Spanish authorities, and took effect in the Philippines
on July 14, 1876. This law was effective in the Philippines until the American colonization of the
Philippines. It was only on December 8, 1930, when it was amended, under Act. No. 3815, with
the enactment of the Revised Penal Code of the Philippines (the “Revised Penal Code”).
1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.
2. CRIME- crime is defined as an act committed or omitted in violation of public law forbidding
or commanding it.
3. GENERAL (characteristic of criminal law) - general, in that criminal law is binding on all
persons who live or sojourn in Philippine territory.
4. TERRITORIAL (characteristic of criminal law) - in that criminal law undertakes to punish
crimes committee within Philippine territory.
5. PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act
punishable in a manner in which it was not punishable when committed.
6. FRENCH RULE- such crimes are not triable in courts of that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered.
7. ENGLISH RULE-such crimes are triable in that country, unless they merely affect things
within the vessel or they refer to the internal management thereof.
8. FELONIES- felonies are acts and omissions punishable by the revised penal code.
9. ACT- any bodily movement tending to produce some effect in the external world.
10. OMISSION- is meant inaction, the failure to perform a positive duty which one is bound to
do.
11. MISTAKE OF FACT- is a misapprehension of fact on the part of the person who caused
injury to another.
12. MALA IN SE- wrongful from their nature, those so serious in their effects on society as to
call for the almost unanimous condemnation of its members and defined and penalized by the
Revised Penal Code.
13. MALA PROHIBITA- wrong merely because prohibited by statute, are violations of mere
rules of convenience designed to secure a more orderly regulation of the affairs of society. The
term mala prohibita refers generally to acts made criminal by special laws.
14. INTENT- intent is the purpose to use a particular means to effect such result.
15. MOTIVE- motive is the moving power which impels one to action for a definite result.
16. CONSUMMATED FELONY- a felony is consummated when all the elements necessary for
its execution and accomplishment are present.
17. FRUSTRATED FELONY- when the offender performs all the acts of execution which
would produce the felony as a consequence but which nevertheless, do not produce it by reason
of causes independent of the will of the perpetrator.
18. ATTEMPTED FELONY- when the offender commences the commission of a felony directly
by overt acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.
19. OVERT ACTS- an overt act is some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or preparation, which if carried to its
complete termination following its natural course, without being frustrated by external obstacles
nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a
concrete offense.
20. INDETERMINATE OFFENSE- one where purpose of offender in the performing an act is
not certain. Its nature in relation to its objective is ambiguous.
21. CONSPIRACY- conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
22. PROPOSAL- there is a proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
23. IMPUTABILITY- is the quality by which an act may be ascribed to a person as its author or
owner. It implies that the act committed has been freely and consciously done and may,
therefore, be put down to the doer as his very own.
24. RESPONSIBILITY- is the obligation of suffering the consequences of crime. It is the
obligation of taking the penal and civil consequences of the crime.
25. GUILT- guilt is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty.
26. GRAVE FELONIES- are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive.
27. LESS GRAVE FELONIES- are those which the law punishes with penalties which in their
maximum period are correctional.
28. LIGHT FELONIES- are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos, is provided.
29. JUSTIFYING CIRCUMSTANCES- are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the law and is free
from both criminal and civil liability.
30. EXEMPTING CICUMSTANCES (non-imputability) - are those grounds for exemption from
punishment because there is wanting in the agent of the crime any of the conditions which make
the act voluntary, or negligent.
31. MITIGATING CIRCUMSTANCES- those which, if present in the commission of the crime,
do not entirely free the actor from criminal liability but only serve to reduce the penalty.
32. AGGRAVATING CIRCUMSTANCES- are those which, if attendant in the commission of
the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty
provided by law for the offense.
33. GENERIC (kind of aggravating circumstances) - those that can generally apply to all crimes.
34. SPECIFIC (kind of aggravating circumstances) - those that apply only to particular crime.
35. QUALIFYING (kind of aggravating circumstances) - those that change the nature of the
crime.
36. INHERENT (kind of aggravating circumstances) - those that must of necessity accompany
the commission of the crime.
37. ALTERNATIVE CIRCUMSTANCES- aggravating or mitigating according to the nature and
effect of the crime and other conditions attending its commission.
38. INSTIGATION- public officer or private detective induces an innocent person to commit a
crime and would arrest him upon or after the commission of the crime by him.
39. ENTRAPMENT- a person has planned or is about to commit crime and ways and means are
resorted to by a public officer to trap and catch the criminal; not a defense.
40. ACCIDENT- any happening beyond control of persons, consequences of which are not
foreseeable.
41. TREACHERY- when the offender commits any of the crime against the person , employing
means, methods or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.
42. IGNOMINY- moral suffering
43. CRUELTY- deliberate intention to prolong physical suffering of the victim.
44. HABITUAL DELINQUENCY- within 10 years from last release or last conviction of the
crime of falsification, robbery, estafa, theft, serious or less serious physical injuries, the offender
is found guilty of any of said crimes a third time or oftener.
45. RECIDIVISM- when the time of trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of the revised penal code.
46. QUASI-RECIDIVISM- commits a felony after having been convicted by final judgment,
before beginning to serve such, or while serving the same, shall be punished by maximum period
of penalty prescribed by law for new felony.
47. REITARACION or HABITUALITY- accused is on trial for an offense, he has previously
serves sentence for another offense to which the law attaches an equal or greater penalty, or for
two or more crimes to which it attaches lighter penalty than that for the new offense and that he
is convicted of the new offense.
48. OFFENSE- is an act or omission that is punishable by special laws such as Republic Acts,
Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and
Regulations.
49. PENALTY- penalty is the suffering that is inflicted by the State for the transgression of a
law.
50. COMPLEX CRIMES- when a single act constitutes two or more grave or less, grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the
most serious crime shall be imposed.
imposed.
51. CONTINUED CRIME- a continued crime is a single crime, consisting of a series of acts but
all arising from one criminal resolution.
52. ABERRATIO ICTUS- mistake in the blow
53. ERROR IN PERSONAE-mistake in the identity of the victim
54. PRAETER INTENTIONEM- the injurious result is greater than that intended.
55. RESTITUTION-in theft, the culprit is duty bound to return the property stolen.
56. REPARATION- in case of inability to return the property stolen, the culprit must pay the
value of the property stolen.
57. APPEAL- a request to a higher (appellate) court for that court to review and change the
decision of a lower court
58. ASSAULT- a threat or use of force on another that causes that person to have a reasonable
apprehension of imminent harmful or offensive contact; the act of putting another person in
reasonable fear or apprehension of an immediate battery by means of an act amounting to an
attempt or threat to commit a battery.
59. ACQUITTAL- a jury verdict that a criminal defendant is not guilty or the finding of a judge
that the evidence is insufficient to support a conviction.
60. BATTERY- the application of force to another, resulting in harmful or offensive contact.
61. BRIBERY- The corrupt payment, receipt, or solicitation of a private favor for official action.
62. COUNTERFEITING- the forging, copying, or imitating of something (usually money)
without a right to do so and with the purpose of deceiving or defrauding.
63. TREASON- is a breach of allegiance to a government committed by a person who owes
allegiance to it.
64. ALLEGIANCE- is meant the obligation of fidelity and obedience which the individuals owe
to the government under which they live or to their sovereign, in return for the protection they
receive.
65. NEUTRALITY- a nation or power which takes no part in a contest of arms going on between
others is referred to as neutral.
66. CORRESPONDENCE- is communication by means of letters, or it may refer to the letters
which pass between those who have friendly or business relations.
67. DOCUMENT- is any written statement by which a right is established or an obligation
extinguished. A document is a writing or instrument by which a fact may be proven and affirned.
68. PIRACY-it is robbery or forcible depredation on the high seas, without lawful authority and
done with animo furandi and in the spirit and intention of universal hostility.
69. MUTINY- it is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.
70. PROBABLE CAUSE- probable cause can be defined as such facts and circumstances which
would lead a reasonable discreet and prudent man to believe that an offense has been committed
and that the object sought in connection with the offense are in the place sought to searched.
71. SEARCH WARRANT- is an order in writing issued in the name of the People of the
Philippines signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.
72. MISPRISION OF TREASON- every person owing allegiance to the government of the
Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against
them, conceals or does not disclose and make known the same, as soon as possible to the
governor or fiscal of the province, or the mayor or the fiscal of the city in which he resides.
73. SEDITION- in its general sense, is the raising of commotions or disturbances in the State.
74. CHARIVARI-the term charivari includes a medley of discordant voices, a mock serenade of
discordant noises made on kettles, tins horns, etc.., designed to annoy and insult.
75. . ESPIONAGE- Without authority therefor, enters a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photographs, or other data of a
confidential nature relative to the defense of the Philippine Archipelago; or (2) Being in
possession, by reason of the public office he holds, of the articles, data, or information referred to
in the preceding paragraph, discloses their contents to a representative of a foreign nation.
76. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. - The penalty of reclusion
temporal shall be imposed upon any public officer or employee, and that of prision mayor upon
any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a
war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals
on their persons or property.
77. VIOLATION OF NEUTRALITY - The penalty of prision correccional shall be inflicted
upon anyone who, on the occasion of a war in which the Government is not involved, violates
any regulation issued by competent authority for the purpose of enforcing neutrality.
78. FLIGHT TO ENEMY'S COUNTRY. - The penalty of arresto mayor shall be inflicted upon
any person who, owing allegiance to the Government, attempts to flee or go to an enemy country
when prohibited by competent authority.
79. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS - The penalty of reclusion
temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel
or, not being a member of its complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its complement or passengers
80. EXPULSION - The penalty of prision correccional shall be imposed upon any public officer
or employee who, not being thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his residence.
81. VIOLATION OF DOMICILE. - The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do so.
82. DWELLING- means any building or structure exclusively devoted for rest and comfort as
distinguished from places devoted to business, offices, etc..,
83. INHABITED HOUSE- is any shelter, ship or vessel constituting the dwelling of one or more
persons even though the inhabitants thereof are temporarily.
84. PUBLIC BUILDING-is every building owned by the government or belonging to a private
person but used or rented by the government, although temporarily unoccupied by the same.
85. PREMISES- premises signifies distinct and definite locality. It may mean a room, shop,
building or definite area, but in either case, locality is fixed.
86. GRAVE THREATS- any person who shall threaten another with the infliction upon the
person, honor, or property of the latter or of his family of any wrong amounting to a crime.
87. UNJUST VEXATION- unjust vexation includes any human conduct which, although not
productive of some physical or material harm would, however, unjustly annoy or vex an innocent
person.
88. SEIZE- it means to place in the control of someone a thing or to give him the possession
thereof.
89. ROBBERY- is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon things.
90. FALSE KEYS- are genuine keys stolen from the owner or any keys other than those intended
by the owner for use in the lock forcibly opened by the offender.
91. BRIGANDAGE- is a crime committed by more than three armed persons who form a band
of robbers for the purpose of committing robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other purpose to be attained by means of
force and violence.
92. PHILIPPINE HIGHWAY- it shall refer to any road, street, passage, highway and bridges or
other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or
locomotives or trains for the movement or circulation of persons or transportation of goods,
articles, or property or both.
93. THEFT- theft is committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property of another
without the latter's consent.
94. FENCING- is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds of the crime of robbery or theft.
95. ENCUMBRANCE- the term incumbrance includes every right or interest in the land which
exists in favour of third persons.
96. MALICIOUS MISCHIEF- malicious mischief is the wilful damaging of another's property
for the sake of causing damage due to hate, revenge or other evil motive.
97. ADULTERY- adultery is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal knowledge of her,
knowing her to be married, even if the marriage be subsequently declared void.
98. LEWD- lewd is designed as obscene, lustful, indecent, and lecherous. It signifies the form of
immorality which has relation to moral impurity; or that which is carried on a wanton manner.
99. CONCUBINAGE- any husband who shall keep a mistress in the conjugal dwelling, or, shall
have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or
shall cohabit with her in any other place.
100. COHABIT- the term cohabit means to dwell together, in the manner of husband and wife,
for some period of time, as distinguished from occasional, transient interviews for unlawful
intercourse.
101. SEDUCTION- seduction means enticing a woman to unlawful sexual intercourse by
promise of marriage or other means of persuasion without use of force.
102. ABDUCTION- is meant the taking away of a woman from her house or the place where she
may be for the purpose of carrying her to another place with intent to marry or to corrupt her.
103. BIGAMY- any person who shall contract a second or subsequent marriage before the
former marriage has been legally dissolved, or before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by means of a
judgment rendered in the proper proceedings.
104. LIBEL- is a defamation committed by means of writing, printing, lithography, radio,
phonograph, painting or theatrical or cinematographic exhibition, or any similar means.
105. SLANDER- slander is oral defamation, it is libel committed by oral (spoken) means,
instead of in writing. The term oral defamation or slander as now understood, has been defined
as the speaking of base and defamatory words which tend to prejudice another in his reputation,
office, trade, business or means of livelihood.
106. MISFEASANCE- is the improper performance of some act which might lawfully be done
107. MALFEASANCE- is the performance of some act which ought not to be done.
108. NONFEASANCE-is the omission of some act which ought to be performed.
109. INFANTICIDE- the killing of any child less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, or a stranger.
110. DUEL- it is a formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection of arms and
fix all the other conditions of the fight.
111. MUTILATION- means the lopping or the clipping off of some part of the body.
112. DEFORMITY- is meant physical ugliness, permanent and definite abnormality. It must be
conspicuous ad visible.
113. ARREST- A restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law
114. PROOF- It refers to the accumulation of evidence sufficient to persuade the trial court.
115. QUANTUM OF EVIDENCE- the totality of evidence presented for consideration
116. QUANTUM OF PROOF - refers to the degree of proof required in order to arrive at a
conclusion.
117. BURDEN OF EVIDENCE - the duty of a party of going forward with evidence.
118. BURDEN OF PROOF - the duty of the affirmative to prove that which it alleges.
119. COLLATER MATTERS - matters other than the fact in issue and which are offered as a
basis for inference as to the existence or non-existence of the facts in issue.
120. PROBATIVE VALUE - It is the tendency of the evidence to establish the proposition that it
is offered to prove.
121. ANTECEDENT CIRCUMTANCES - facts existing before the commission of the crime
[i.e. hatred, bad moral character of the offender, previous plan, conspiracy, etc.]
122. CONCOMITANT CIRCUMTANCES - facts existing during the commission of the crime
[i.e. opportunity, presence of the accused at the scene of the crime, etc.]
123. SUBSEQUENT CIRCUMTANCES - facts existing after the commission of the crime [i.e.
flight, extrajudicial admission to third party, attempt to conceal effects of the crime, possession
of stolen property, etc.]
124. CONFESSION - an acknowledgement of guilt.
125. ADMISSION - an acknowledgment of facts
126. RELEVANT EVIDENCE - evidence having any value in reason as tending to prove any
matter provable in an action.
127. MATERIAL EVIDENCE - evidence is material when it is directed to prove a fact in issue
as determined by the rules of substantive law and pleadings.
128. COMPETENT EVIDENCE - not excluded by law.
129. DIRECT EVIDENCE - proves the fact in issue without aid of inference or presumptions.
130. CIRCUMSTANTIAL EVIDENCE - the proof of fact or facts from which, taken either
singly or collectively, the existence of a particular fact in dispute may be inferred as necessary or
probable consequence.
131. POSITIVE EVIDENCE- evidence which affirms a fact in issue
132. NEGATIVE EVIDENCE- evidence which denies the existence of a fact in issue.
133. REBUTTING EVIDENCE - given to repel, counter act or disprove facts given in evidence
by the other party.
134. PRIMARY/BEST EVIDENCE - that which the law regards as affording the greatest
certainty.
135. SECONDARY EVIDENCE - that which indicates the existence of a more original source
of information.
136. EXPERT EVIDENCE - the testimony of one possessing knowledge not usually acquired by
other persons.
137. PRIMA FACIE EVIDENCE - evidence which can stand alone to support a conviction
unless rebutted.
138. CONCLUSIVE EVIDENCE - incontrovertible evidence
139. CUMULATIVE EVIDENCE - additional evidence of the same kind bearing on the same
point.
140. CORROBORATIVE EVIDENCE - additional evidence of a different kind and character
tending to prove the same point as that of previously offered evidence.
141. CHARACTER EVIDENCE - evidence of a person's moral standing or personality traits in a
community based on reputation or opinion.
142. DEMEANOR EVIDENCE - the behavior of a witness on the witness stand during trial to
be considered by the judge on the issue of credibility.
143. DEMONSTRATIVE EVIDENCE - evidence that has tangible and exemplifying purpose.
144. HEARSAY EVIDENCE - oral testimony or documentary evidence which does not derive
its value solely from the credit to be attached to the witness himself.
145. TESTIMONIAL EVIDENCE - oral averments given in open court by the witness.
146. OBJECT/AUOTOPTIC PROFERRENCE/REAL EVIDENCE - those addressed to the
senses of the court (sight, hearing, smell, touch, taste).
147. DOCUMENTARY EVIDENCE - those consisting of writing or any material containing
letters, words, numbers, figures, symbols or other modes of written expression offered as proof
of its contents.
148. BURDEN OF PROOF- the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of evidence required by law.
149. PRESUMPTION - an inference as to the existence of a fact not actually known, arising
from its usual connection with another which is known or a conjecture based on past experience
as to what course human affairs ordinarily take.
150. CONCLUSIVE PRESUMPTIONS [jure et de jure] - based on rules of substantive law
which cannot be overcome by evidence to the contrary.
151. DISPUTABLE PRESUMPTIONS - based on procedural rules and may be overcome by
evidence to the contrary.
152. ESTOPPEL BY RECORD OR JUDGEMENT - the preclusion to deny the truth of matters
set forth in a record, whether judicial or legislative, and also deny the facts adjudicated by a court
of competent jurisdiction
153. ESTOPPEL BY DEED- a bar which precludes a party to a deed and his privies from
asserting as against the other and his privies any right or title in derogation of the deed or
denying the truth of any material fact asserted in it
154. ESTOPPEL IN PAIS - based upon express representation or statements or upon positive
acts or conduct.
155. ESTOPPEL AGAINST TENANT - the tenant is not permitted to deny the title of his
landlord at the time of the commencement of the relation of landlord and tenant between them.
156. DIRECT EXAMINATION- the examination in chief of a witness by the party presenting
him on the facts relevant to the issue.
157. CROSS EXAMINATION - the examination by the adverse party of the witness as to any
matter stated in the direct examination, or connected therewith, with sufficient fullness and
freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the
issue.
158. RE-DIRECT EXAMINATION - second questioning by the proponent to explain or
supplement answers given in the cross examination
159. RE-CROSS EXAMINATION - second questioning by the adverse party on matters stated
on the re-direct and also on such matters as may be allowed by court.
160. LEADING QUESTION -It is one where the answer is already supplied by the examiner into
the mouth of the witness.
161. MISLEADING QUESTION - a question which cannot be answered without making an
unintended admission.
162. COMPOUND QUESTION -a question which calls for a single answer to more than one
question.
163. ARGRUMENTATIVE QUESTION - a type of leading question which reflects the
examiners interpretation of the facts.
164. SPECULATIVE QUESTION - a question which assumes a disputed fact not stated by the
witness as true.
165. CONCLUSIONARY QUESTION - a question which asks for an opinion which the witness
is not qualified or permitted to answer.
166. CUMULATIVE QUESTION - a question which has already been asked and answered.
167. CRIMINAL PROCEDURE - It is a generic term used to describe the network of laws and
rules which govern the procedural administration of criminal justice.
168. CRIMINAL JURISPRUDENCE - The authority to hear and decide a particular offense and
impose punishment for it.
169. SUBJECT MATTER - cases of the general class where the proceedings in question belong
as determined by the nature of the offense and the penalty imposed by law.
170. TERRITORY - the geographical limits of the territory over which the court presides and
where the offense was committed.
171. PRELIMINARY INVESTIGATION - It is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded belief that a crime has been committed and
the respondent is probably guilty thereof, and should be held for trial.
172. ARREST- The taking of a person in custody in order that he may be bound to answer for
the commission of an offense.
173. HOT PURSUIT ARREST - when an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or circumstances that the person arrested
has committed it.
174. BAIL - The security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under the
conditions of law.
175. ARRAIGNMENT - The initial step in a criminal prosecution whereby the defendant is
brought before the court to hear the charges and to enter a plea.
176. EVIDENCE - sanctioned by the rules, for ascertainment in a judicial proceeding, the truth,
respecting a matter of fact.
177. COMPLAINT - A complaint is a sworn written statement charging a person with an offense
178. INFORMATION - is an accusation in writing charging a person with an offense.
179. THE MIXED SYSTEM - the so-called mixed system is a good combination of the good
features and characteristic of the inquisitorial and the accusatorial system.
180. THE ACCUSATORIAL - under this system of procedure, prosecution of crimes is
conducted either at the initiative of the public prosecutor or of the offended party himself.
181. THE INQUISITORIAL SYSTEM - this system in criminal procedure is characterized by
secrecy of investigation, the employment of torture and violence to obtain confession from the
accused, the denial of right of confrontation and of the right of counsel, and of appeal in all
cases.
182. JURISDICTION - as the authority to hear and determine a cause.
183. VENUE - is a geographical division in which an action is brought to trial.
184. JOHN DOE WARRANT - It is one issued to person whom the witnesses cannot identify
185. PROPERTY BOND - is an undertaking constituted as a lien on the real property given as
security for the amount of the bail
186. FACTUM PROBANDUM - is the ultimate fact sought to be established.
187. FACTUM PROBANS - is the evidentiary fact by which the ultimate fact is to be
established.
188. REBUTTAL EVIDENCE - is that which is given to explain, repel, counteract or disprove
facts given in evidence by the adverse party.
189. SUR REBUTTAL - is that which is given to repel, counteract or disprove facts given in
rebuttal evidence.
190. IRRELEVANT EVIDENCE - is that which has no tendency in reason to establish the
probability or improbability of a fact issue.
191. INCOMPETENT EVIDENCE - is one who excluded by law either on grounds of its
immateriality, irrelevancy, and want of credibility or for any other reason.
192. INADMISSABLE EVIDENCE - is that which is irrelevant to the issue or which is excluded
by the rules of evidence.
193. IMMATERIAL EVIDENCE - is that which is not directed to prove a fact in issue as
determined by the rules of substantive law and of pleadings
194. JUDICIAL NOTICE - means no more than that the court will bring to its aid and consider,
without proof of the facts its knowledge of those matters of public concern which are known by
all well informed persons.
195. EXTRA JUDICIAL ADMISSION - are those made out of the court or in judicial
proceeding other than the one under consideration.
196. DYING DECLARATION. - The declaration of a dying person, made under the
consciousness of an impending death,
197. PART OF THE RES GESTAE. - Statements made by a person while a startling occurrence
is taking place or immediately prior to or subsequent thereto with respect to the circumstances
thereof
198. PREJUDICIAL QUESTION - It is a question, which arises in a case the resolution of which
is a logical antecedent of the issue or issues involved in said cases, and the cognizance of which
pertains to another tribunal.
199. ERROR OF JUDGEMENT - An error of judgment is one, which the court may commit in
the exercise of its jurisdiction.
200. ERROR OF JURISDICTION - An error of jurisdiction renders an order or judgment void or
void able
Criminal Law Jurisprudence Definition of Terms
Abandonment - a parent or guardian leaving a child without adequate supervision for the child's
needs for an excessive period.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty
beyond reasonable doubt of the crime charged.
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong
or protection of a right.
Actus reus - proof that a criminal act has occurred.
Adjudicated - settled in a court of law.
Adjudicated father - man determined by the court to be the father usually through a court action
and genetic testing.
Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision
made by a court or administrative agency with respect to a case.
Administrative documentation - records such as case-related conversations, evidence receipts,
description of evidence packaging and seals, and other pertinent information.
Administrative review - an evaluation of the case report and supporting documentation for
consistency with laboratory policies, editorial correctness and compliance with the submission
request.
Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually
a minor who is not the adoptive parents or natural offspring.
Adversary system - trial methods in which opposing parties are given full opportunity to present
and establish their evidence and to test by cross-examination the evidence presented by their
adversaries under established rules of procedures before an impartial judge.
Affidavit - a sworn statement by a witness.
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating
circumstance such as insanity, self-defense, or entrapment to avoid civil or criminal
responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue
is declared valid and will stand as rendered in the lower court.
Amicus curiae - friend of the court, a person who petitions the court for permission to provide
information to the court on a matter of law that is in doubt or one who is not a party to a lawsuit
but who is allowed to introduce evidence, arguments or authority to protect one's interest.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher
court.Request to a higher court to change the decision of a trial court, usually appeals are made
and decided on questions of law only.Issues of fact are left to the trial judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a
judge to hear the charges filed against him or her and to enter a plea of guilty or not guilty.
Arrest - process of taking a person into custody.
Assault - intentional display of force that would give the victim reason to fear or expect
immediate bodily harm.
Attest - to bear witness; to affirm as true or genuine.
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage
it for him.
Bail - money or security given to secure a person's release from custody which is at risk should
he/she subsequently fail to appear before the court.
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which
he/she may lose by not properly appearing for trial.
Bailiff - a court attendant who keeps order in the court room.
Bar - the term means the whole body of lawyer's.Historically, the partition separating the general
public from the space occupied by the judge's, lawyer's, and other participants in a trial.
Battered woman syndrome - a collection of symptoms that are manifest in women who have
suffered prolonged and extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a
moral certainty that every element of a crime has been proven by the prosecution, all reasonable
doubt are removed from the mind of the ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to
be investigated in trial and to limit the course of evidence to the particular scope of the
inquiry.An amplification of the pleading.
Booking - the process of photographing, fingerprinting, and recording identifying data of a
suspect following arrest.
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the
facts of a case and the applicable law.
Brutalization - the proposition that the use of capital punishment actually increases the crime rate
by sending a message that it is acceptable to kill those who have wronged us.
Capital crime - a crime punishable by death.
Case law - law created as a by-product of a court decisions made in resolving unique disputes as
distinguished from statutory law.
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence
generated pertaining to a particular case.
Caveat - a warning; a note of caution.
Certification - procedure by which a certifying body formally recognizes that a body or person
complies with given qualifications.
Chambers - a judge's private office.
Child abuse - act of commission that is not accidental and that harms or threatens to harm a
child's physical or mental health or welfare.
Child neglect - failure of a parent or other person legally responsible for a child's welfare to
provide for the child's basic needs and a proper level of care with respect to food, clothing,
shelter, hygiene, medical attention , or supervision.Child neglect is an act of omission.
Circumstantial evidence - that evidence that only suggests an association with a past
occurrence.Any evidence in a case for which an inference is needed to relate it to the crime.Not
observed by an eyewitness.Fact from which another fact can be reasonably inferred.
Civil commitment - the legal proceeding by which a person who is mentally ill and imminently
dangerous is involuntarily committed to a psychiatric hospital.
Closing argument - also known as final argument, attorney's final statement to the court
summing up the case and the points points proven as well as those points not proven by opposing
counsel.
Common law - body of law based on judicial decisions (precedents or customs and usage)
generally derived from justice, reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify
under oath; personal qualification of the witness to give testimony which differs from the witness
ability to tell the truth.
Complainant - the party who complain or sues, one who applies to the court for legal redress,
also called the plaintiff.
Concur - to agree with the judgment of another.When one court concurs with another, it agrees
with or follows the precedent set by that court's decision.
Concurrent sentence - sentences for more than one violation that are to be served at the same
time rather that one after the other.
Confession - an oral or written statement acknowledging guilt.
Consent search - exception to the requirement for a search warrant; written or oral permission is
required from a person with authority to give it.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or
criminal act or to commit a lawful act by criminal means.
Contempt of court - willful disobedience of a judge's command or of an official court order.
Continuance - court order that postpones legal action, such as a court hearing until later time.
Conviction - a judgment of guilt against a criminal defendant.
Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that
each element of the crime be satisfied 2. that someone is responsible for inflicting the injury or
loss sustained.
- Body of the crime.
Court martial - military tribunal that has jurisdiction over offenses against laws of the service in
which the member is engaged.Military status is not sufficient,the crime must be service
connected.
Court order - directive issued by the court, and is enforceable as law; written command or
directive given by the judge.
Court of Appeals - a court that hears an appeal after a trial court has made a judgment.
Criminal prosecution - process that begins with the filing of charges against a person who has
allegedly violated criminal law and includes the arraignment and trial of the defendant.Criminal
prosecution may result in fine, restitution, imprisonment, or probation.
Cross-examination - the questioning of a witness produced by the other side.
Custody hearing - legal process, usually in family and juvenile court, to determine who has the
right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of
another person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court
currently adopted by many jurisdictions.Five factors are utilized to assess the scientific theory or
technique testing of theory, use of standards and control, peer review, error rate, and
acceptability in the relevant scientific community.
Decision - the judgment reached or given by a court of law.
Default judgment - a decision of the court against the defendant because of failure to respond to
a plaintiff's action.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a
crime.
Deposition - oral or written testimony under oath but outside the court room.
Detention - temporary confinement of a person by a public authority.
Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks
the ability to meaningfully premeditate the crime.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as
distinguished from circumstantial or indirect evidence.Information offered by witnesses who
testify about their own knowledge of the facts.
Direct examination - the first questioning of witnesses by the party in whose behalf they are
called.
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly
and address the topic in a forthright manner.
Discovery - a pre-trial procedure by which one party can obtain vital facts and information
material to the case to assist in preparation for the trial.The purpose of discovery is to make for a
fair trial and to allow each party to know what document and information the opponents has in
its possession.
Dismissal - action by the court that removes the court's jurisdiction over a given case.
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full
judicial process on the condition that the accused undergo some sort of rehabilitation or make
restitution for damages.Diversion may take place before the trial or its equivalent.
Docket - a list of cases to be heard by the court.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending
death.Also called ante-Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution
must prove beyond a reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not
otherwise contemplated for the purpose of prosecuting him/her.
Evidentiary standards - guidelines used in examining evidence to determine whether it has been
legally collected and whether it is factual and legally proves or is relevant to the case being
heard.
Ex-parte order - an order issued by a judge on its own.
Exclusionary rule - the rules that defines whether evidence is admissible in a trial.
Exigent circumstances - exception to the requirement for a search warrant when there is no time
to get a warrant and failure to search will lead to destruction or concealment of evidence, injury
to police or others, or escape of the suspect.
Expert testimony - statements given to the court by witnesses with special skills or knowledge in
some arts, science, profession, or technical area.Experts educate the court by assisting it in
understanding the evidence or in determining an issue of fact.
Expert witness - a legal term used to describe a witness who by reason of his/her special
technical training or experience is permitted to express an opinion regarding the issue or a certain
aspect of the issue that is involve in a court action.
Expunge - to strike out, obliterate, or mark for deletion from the court record.
Extradition - the process by which one state surrenders to another state a person accused or
convicted of a crime in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a
penitentiary for more than a year or a substantial fine.
Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen
goods.
Fraud - an intentional misrepresentation or deception employed to deprive another of property or
a legal right or to otherwise do them harm.
Frye standard - a set of standards set by the the court of appeals of the district of Columbia in
1923 in the U.S in Frye vs. the United states.The standards in general define when a new
scientific test should be admissible as evidence in the court system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a
generally accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to
the same due process rights as adults the right to counsel, the right to notice of the charges, the
right to confront and cross-examine a witness, the right to remain silent, and the right to
subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas
corpus is a legal document that forces law enforcement authorities to produce a prisoner they are
holding and to legally justify his or her detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand
knowledge of the witness.Statement made out of court and offered in court to support the truth of
the facts asserted in the statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on
personal knowledge unless it falls within certain exceptions.
Holographic document - any document completely written and signed by one person.A
holographic may be probated without anyone having witnessed its execution.
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as
witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing
criminal evidence.
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence
instructs its disregard.
Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a
required duty.
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum
period of time, specifically authorized by statute, subject to termination by a parole board or or
other authorized agency after the prisoner has served the minimum term.
Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are
generally considered infractions.
Injunction - a preventive measure by which a court orders a party to refrain from doing a
particular act.A preliminary injunction is granted provisionally until a full hearing can be held to
determine if it should be made permanent.
Interrogatories - set of specialized questions sent by one attorney to another concerning
requested information of their respective clients relevant to the case.
Judgement - the final disposition of a case.
Judgement,default - default judgment is rendered because of the defendant's failure to answer or
appear.
Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and
exhibits presented for the record without any need for a trial.It is used when there is no dispute as
to the facts of the case and one party is entitled to judgement as a matter of law.
Judicial review - authority of a court to review the official actions of other branches of
government, also the authority to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power
and authority of a particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.
Juvenile - characteristic of youth, youth means under 18 years of age.
Juvenile court - a court which decides criminal charges brought against children under 18 years
of age.
Leading question - a question that suggest the answer desired of a witness.A party generally may
not ask one's own witness leading questions, leading questions may be ask only of hostile
witnesses and on cross-examination.
Legal custody - right and responsibility to make the decisions regarding the health, education and
welfare of a child/person.
Liable - responsible or answerable for some action.
Litigation - a case, controversy, or lawsuit.
Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects,
interrupts, or interferes with the performance of official duties.
Malpractice - improper or unethical conduct by the holder of a professional or official position.
Mass murder - a murder incident in which several victims are killed simultaneously or within a
relatively short period of time in the same general area.
Miranda warning - requirements that police tells a suspect in their custody of his/her
constitutional right before they questions him.Result of the Miranda vs. Arizona ruling.Law
enforcement procedure that forewarns suspects of their right to remain silent when in police
custody.Violation of this right makes the suspect's confession inadmissible in evidence.
Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are
generally punishable by fine or a limited local jail term in the local jail.
Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to
judgment.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which
lessens the degree of guilt in a criminal offense and thus the nature of the punishment.
M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not
criminally responsible if suffering from a mental disease or defect at the time of committing the
act and not understanding the nature and quality of the act or that what was done was wrong.
Moot - is one not subject to a judicial determination because it involves an abstract question or a
pretended controversy that has not yet actually arisen or has already passed.
Motion - an application for a rule or order, made to a court or judge.An application to the court
requesting an order or a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure.An
objection is either sustained or overruled by the judge.If the judge overrules the objection, the
witness may answer the question.If the judge sustain the objection, the witness may not answer
the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as
whether evidence is admissible before trial so as to ensure a fair and expeditious trial and avoid a
multiplicity of court appearances.
Opening statements - not part of the evidence, these orations made by the lawyers on each side
gives an overview of the evidence that will be presented during the trial.
Opinion - conclusion reported by a witness who qualified as an expert on a given subject.
Order - any written directive of a court or judge other than a judgment.
Order to show cause - order to appear in court and present reasons why a particular order should
not be executed.
Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a
lower court
Pardon - a form of executive clemency removing or extinguishing criminal convictions.
Physical evidence - any tangible article that tends to prove or disprove a point in question.
Plain view - an exception to the requirement for a search warrant, when there is an evidence of a
crime in plain view by a person who sees it lawfully.
Plaintiff - the complaining party in litigation.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is
guilty or not guilty.The defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor negotiate a
mutually satisfactory disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is
sufficient evidence against a person charged with a crime to warrant holding him or her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side
outweighs that of the other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact that
requires such rule or action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to
narrow the issues in the suit, agree on what will be presented at the trial and make a final effort
to settle the case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to
establish a given fact or a chain of facts making up a party's claim or defense.If such evidence is
unexplained or uncontradicted, it is sufficient to obtain a favorable judgment for the issue it
supports, may be contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently
strong to justify the issuance of a search warrant or to make an arrest.Reasonable ground for
believing that a crime has been committed or that the person committed the crime.
Prosecutor - a trial lawyer representing the government in a criminal case.
Protective custody - the confinement or guardianship of an individual by law enforcement with
the objective of preventing an assault or other crimes against him/her.
Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor
person accused of crime.
Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a
reasonable or prudent person.Reasonable doubt requires acquittal.
Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a
person.A mere hunch is not a reasonable suspicion.
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the
adverse party.
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the
commencement of the trial.If there is going to be a substantial delay, it is called continuance.A
temporary dismissal is called sine die.
Record - document that furnishes objective evidence of activities performed or results achieved.
Recross - to cross-examine a witness a second time after redirect examination.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been
subjected to cross-examination.
Redirect questioning - questioning by the original attorney that follows the opposing counsel's
cross-examination.
Release on recognizance - a court order releasing a defendant from custody on the defendant's
written promise to appear in court when the defendant's case is scheduled for hearing, trial or
other proceeding.A defendant who is released on recognizance is not required to deposit money
or other property with the court in order to be released.
Res gestae - all of the things done or words spoken in the course of the transaction or event;A
record of what was said or done in the first moments of an investigation.
Rest - a party is said o have rest its case when it has presented all of the evidence in intends to
offer.
Robbery - felonious taking of another's property from his person or immediate presence and
against his will by means of force or fear.
Rules of evidence - standards governing whether evidence in a civil or criminal case is
admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with
the intention of finding evidence not in plain view (search) and taking possession of that property
against the will of its owner or possessor (seizure)
Sentence - a court's determination of the punishment to be inflicted on a person convicted of a
crime.
Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned,
fined, ordered to pay restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being
influenced by the testimony of a prior witness.
Statute of limitation - the time within which a lawsuit must be brought ot the time within which
evidence must be analyzed.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal
trial.
Subpoena - a written command summoning a specific individual to appear in court under penalty
for failure to do so.
Subpoena duces tecum - a court order commanding a witness to bring certain documents or
records to court.
Subrogation - substituting one creditor for another.
Summary judgment - decision made by a trial court based on written documentation submitted
before any trials occur.
Summons - a notice to the defendant that he/she has been sued and is required to appear in court.
Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain
evidence should not be admitted at trial.
Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full
hearing can be heard.
Testimony - evidence given by a witness under oath. does not include evidence from documents
and other physical evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to
lawsuit.
Trial court - local court that initially hears all cases in dispute.
Validation - confirmation by examination and provision of objective evidence that the particular
requirements for a specific intended use are fulfilled.
Venue - synonymous with the place of trial.
Wanton - characterized by reckless disregard of consequences and the safety and welfare of
others.
Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a
search.
Warrant of Arrest - an order issued by a judge for the arrest of a person.
Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.
Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for
the purpose of compelling a person to do something.