CLAW MIDTERM

• Venue


  Place where a trial or hearing is conducted - place of the commission
• Jurisdiction


  Power of authority of the court to hear
• Original Jurisdiction


  Entertains a case for the first time
• Appellate Jurisdiction


  Authority of the higher court to review decisions
• Concurrent


  Authority of two or more courts
• Arraignment


  Stage of criminal proceedings
• Plea


  Answer given by the accused after being asked
• Motion to quash


  Motion filed by the accused seeking the dismissal, filed before an answer is made
• Pre-trial


  Conference between and among the parties held before trial, done 30 days after arraignment
• Plea bargaining


  Negotiation between two parties to secure admissions/confessions in exchange of some benefits
• Stipulation of facts


  Noting down material information
• Marking for identification of evidence


  Required for evidence, letters are used for the prosecution and numerical for the accused
• Waiver of objections to admissibility of evidence


  Agreement not to question the presentation of evidence
• Modification of the order of trial


  If the accused admits the charge
• Request for inhibition


  Asking the court to try the case by different judges
• Trial


  Involving presentation of witness and evidence, exceed 180 days from the first day of trial
• Order of trial


  1. Prosecution shall present evidence to prove the charge

  2. Accused may present evidence to prove his defense

  3. Prosecution and the defense present rebuttal and sur-rebuttal evidence
• Rebuttal evidence


  Contradicting evidence
• Sur-rebuttal evidence


  Evidence attacking the contradicting evidence
• Valid reasons for witness unavailability


  If the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial
• Direct Examination


  Questioning of the witness of the party calling him
• Cross Examination


  Questioning of the witness by the opposite party
• Re-direct Examination


  Resumption of questioning the witness by the party calling him
• Re-cross Examination


  Resumption of questioning the witness by the opposite lawyer
• Demurrer to evidence


  Court may dismiss the action on the ground of insufficiency of evidence
• Judgment


  Adjudication by the court that the accused is guilty or not guilty
• Promulgation of judgment


  Reading it in the presence of the accused
• New Trial


  Repeated trial considering new evidence
• Reconsideration


  Request to review the judgment
• Errors of law


  Mistake in the existence, interpretation, or application
• Irregularities


  Proceedings in hearing criminal cases that where not observed
• Ground for reconsideration


  Court shall grant reconsideration
• Errors of facts


  Misrepresented information
• Appeal


  Elevation by an aggrieved party
• Who may appeal


  Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy
• Notice of appeal


  Exercise of original jurisdiction
• Petition for review


  Exercise of its appellate jurisdiction
• Petition for review on certiorari


  In case an appeal is to be made to the SC
• When appeal to be taken


  An appeal must be taken within 15 days
• Withdrawal of appeal


  The court may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court