Judicial Department Flashcards

1
Q

Judicial Power

A

Power of duty and courts of justice to interpret and apply the laws (including the constitution) to contest and disputes concerning legally recognized rights or duties between the state and private persons or individuals, or between private persons or individual litigants in cases properly brought before the judicial tribunals

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2
Q

Adjudicatory Power

A

Power to settle controversies revolving rights which are legally demandable and enforecable.

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3
Q

Power of Judicial Review

A

To pass upon the constitutionality and validity of the laws of the state. To interpret. To pass binding judgement

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4
Q

Incidental power

A

Discharge of judicial functions such as the power to punish persons adjudged in contempt

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5
Q

Grave abuse of discretion

A

Lack of authority to act on the matter in dispute

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6
Q

Supreme Court

A

A constitutional court, in the sense of being a creation of the constitution

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7
Q

Statutory Courts

A

Courts created by law. Lower courts of the constitution

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8
Q

Organization of courts

A

Regular Courts

Special Courts

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9
Q

Court of Appeals

A

Composes of 69 justices, headed by one presiding justice

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10
Q

Regional Trial Court

A

Presided by 720 trial judges in each region

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11
Q

Sandigan Bayan

A

With 14 justices and a presiding justice, created by PDT606, pursuant to the mandate of the 1973 Constitution

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12
Q

Court of Tax Appeals

A

With 5 justices and a presiding justice

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13
Q

Importance of the Judiciary

A
  1. Confidence in the creation and even administration of justice
  2. Preservation of the government
  3. Respect for Law and Order
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14
Q

Supreme Court Composition

A

14 Associate Justices and 1 Chief Justice

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15
Q

Sitting Procedure

A

En Banc- One Body

Divisions- In division of 3,5,7 the different sizes of divisions would indicate the relative importance of the case being heard.

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16
Q

Powers of the SC

A
  1. Exercise original jurisdiction over cases affecting ambassadors
  2. Review, revise, reverse, modify, or affirm an appeal or certiorari as the law or courts may provide
  3. Assign temporary judges of lower courts to the other stations
  4. Order a change of venue or place of trial
  5. Promulgate rules concerning the protection and enforcement of constitutional rights
  6. Appoint all officials & employees of the judiciary
17
Q

Certiorari

A

Writ issued from a superior court requiring a lower court or officer, exercising judicial functions to transmit the records of a case to the superior court for the purpose of review.

18
Q

Prohibition

A

Writ by which a superior court commands the lower court, or a corporation, board, or person acting without/ in excess of its or his jurisdiction or with grave abuse of discretion

19
Q

Mandamus

A

Order issued by a superior court, commanding a lower court, or a corporation, board, or person, to perform a certain act which is his duty to do

20
Q

Quo Warranto

A

Action by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it