Key Concepts of the Philippine Legal System

A set of question-and-answer flashcards reviewing essential terms, roles, and functions within the Philippine legal system.

What is the Constitution in the Philippine legal system?

The foundational body of the legal system. Supreme Law, Democratic Framework, Separation of Powers (division of government).

What is a statute?

refers to a specific law enacted by Congress.

What is an ordinance?

A law or regulation issued by a local government authority.

In legal terminology, what does jurisdiction refer to?

The authority of a court to hear and decide a particular case.

What is litigation?

The process of taking legal action, i.e., suing or defending in court.

Who is the plaintiff in a lawsuit?

The party that initiates the legal action.

Who is the defendant?

The party being accused or sued in court.

What is a verdict?

The formal decision on factual issues made by a judge or jury.

What is an appeal?

A request for a higher court to review and potentially change a lower-court decision.

What is meant by due process?

The legal requirement that the state must respect all legal rights owed to a person.

Define a tort.

A tort is a civil matter, meaning it typically involves private disputes between individuals or entities.

What is a contract?

A legally binding agreement between two or more parties.

What role does the Supreme Court of the Philippines serve?

It is the highest court, interpreting the Constitution and having final authority on legal disputes.

What is the primary function of the Court of Appeals?

To review lower-court decisions and ensure correct legal procedure was followed.

What cases are handled by Regional Trial Courts (RTCs)?

They have general jurisdiction over civil and criminal trials. Example: RTC Branch 1 located in Manila.

What types of cases do Municipal Trial Courts (MTCs) hear? Example: MTCC Branch 1 located in Manila

Less serious civil and criminal matters involving lower amounts or minor offenses.

Who is a prosecutor?

A lawyer representing the government in criminal cases, responsible for presenting evidence against the accused.

Who is a defense attorney?

A lawyer who represents and protects the rights of the accused in legal proceedings.

What is the main duty of a judge?

To preside over court proceedings, rule on motions, and deliver verdicts fairly.

What does a clerk of court do?

Maintains court records, manages case files, and assists in scheduling and administration.

What is the responsibility of a bailiff?

Maintaining courtroom security and assisting in orderly proceedings.

What function does a notary public perform?

A Notary Public is an official authorized to authenticate documents and signatures, and administer legal formalities, including:

• Acknowledgments

• Oaths

• Jurats: Certifying that a document is signed in the notary's presence.

• Certifying Copies: Verifying that copies are true reproductions of original documents.

• Witnessing Signatures

Define paralegal.

A trained professional who assists lawyers with research, drafting, and case organization but is not licensed to practice law.

What is law?

system of rules and regulations established by the government and recognized by the legal system to govern the behavior of individuals and institutions.

Who is a lawyer?

A qualified professional who practices law, advises clients, and represents them in legal matters.

What distinguishes an attorney?

a lawyer formally authorized to act on behalf of a client in legal matters, signifying a representative relationship.