Political Law Concepts And Their Definitions Flashcards
- What is locus standi?
Locus standi is defined as a right of appearance in a court of justice on a give question.
In private suits, standing is governed by real parties in interest rule, as contained in Section 2, Rule 3 of the 2019 Amendments of the 1997 Rules of Civil Procedure. A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.
In public suits, there is difficulty in determining locus standi when the plaintiff asserts a public right in assailing the validity of an official act, and he does so as so as a representative of the general public.
- What is lis mota?
Lis mota literally means “the cause of the suit or action”.
- What is double taxation?
Double taxation refers to additional taxes being laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same purpose.
- What is a justiciable question?
A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right.
- What is a political question?
A political question connotes what a question of policy. It refers to those questions, which under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government.
- What is a prejudicial question?
A prejudicial question is defined as that which arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal.
- What are civil rights?
Civil rights are rights that belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government. They are rights appertaining to a person by virtue of his citizenship in a state or community. Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil action.
- What are political rights?
Political rights refer to the right to participate, directly or indirectly, in the establishment or administration of government.
- What is substantive due process?
Substantive due process serves as a restriction on government’s law- and rule-making powers.
Mnemonic: Legislative
- What is procedural due process?
Procedural due process serves as a restriction on actions of judicial and quasi-judicial agencies of government.
Mnemonic: Judiciary
- What is an appeal? What are its characteristics?
Its essence is simply the opportunity to be heard and to present evidence in support of one’s case.
Appeal is not a natural right NOR is it part of due process. Generally, it may be allowed or denied by the legislature in its discretion.
- What is a preliminary investigation? What are its characteristics?
It is a substantive right and A component of due process.
It is held before an accused is placed on trial to secure the innocent against hasty, malicious, and oppressive prosecution, and to protect him from the trouble, expenses, and anxiety of public trial.
It is merely inquisitorial, and is not a trial on the merits. Its sole purpose is to determine whether the crime has been committed and whether the respondent therein is probably guilty of the crime.
It is not a quasi-judicial proceeding since the prosecutor in a preliminary investigation does not determine the guilt or innocence of the respondent (only probable cause).
The right to preliminary investigation is not a constitutional right, but its merely a right conferred by statute.
