MIDTERM FOR LOL

• THE NATURE OF LANGUAGE OF LAW


  Traditionally it is stated that language is a tool to interact or tools to communicate, in a sense, means to convey thoughts, ideas, concepts, or even a feeling. From the view of sociolinguistics, language functions can be viewed from different angles, such as speakers, listeners, topics, codes, and conversation purpose.
• FORENSIC LINGUISTIC


  Language and law, sometimes referred to as
• NORMATIVE 


  The Language of law derives from the fact that law has the basic functions in society of guiding human behavior and regulating human relations.
• PERFORMATIVE


  Words are not only something we use to say things, we also use them to do things. The performative use of language is not exclusive to law, but law relies heavily on performative utterances.
• TECHNICAL


  Legal language as a technical language often operates in a context that makes legal terms have meanings different from those they bear in non-legal context they use.
• SOCIOLOGICAL APPROACH


  Conceives of the law as a social phenomenon. According to this approach, the law might be understood as e.g acts of social agents (social practices), social relations or social institutions. This kind of approach is typical of so called legal realism and is related to a distinction between 'law in books' (which is a matter of interest of linguistic approach) and 'law in action' (how the law 'works' in the social reality).
• DIGEST

  containing writings by the jurists;
• CODE


  which contained various imperial enactments;
• NOVELS


  or Justinian’s own enactments;
• INSTITUTES


  a type of textbook for students to learn the law.
• CORPUS JURIS


  was written mostly in Latin, the language of Roman Law, even though the Byzantine language of administration was Greek.
• CESTUI QUE TRUST


  is being supplanted by the more common word beneficiary.
• SALUS POPULI EST SUPREMA LEX


  "The welfare of the people is the supreme law."
• SUBPOENA DUCES TE CUM


  Bring with you
• DURA LEX SED LEX


  "The law is harsh, but it is the law." Meaning: This maxim emphasizes that even if a law seems severe or rigid, it must still be followed. It underscores the principle that laws apply equally to all, regardless of perceived fairness.
• SUBPOENA AD TESTI FICANDUM


  "To testify." Meaning: This subpoena requires a person to appear in court to provide testimony. It compels individuals to give witness testimony in a legal proceeding.
• MANDAMUS


  is a legal writ issued by a court, typically a higher court, ordering a government official, agency, or lower court to perform a specific legal duty. It is often used to compel public officials to carry out their official duties or correct an abuse of discretion
• RES IPSA LIQUITOR


  "The thing speaks for itself."

  Meaning: This legal doctrine allows an inference of negligence based on the very nature of the accident or injury, without needing direct evidence of the defendant's wrongdoing. It is often used in tort cases where the facts suggest that the incident could not have occurred without negligence.
• CERTIORARI


  is a writ or order issued by a higher court to review the decision of a lower court. It is commonly used by appellate courts, such as the U.S. Supreme Court, to select cases for review and determine if the lower court's decision was correct.
• PRIMA FACIE


  "On first appearance" or "at first sight'

  Meaning: In a legal context, this term refers to the initial evidence or facts that, if left unchallenged, would be sufficient to prove a case. A prima facie case has enough evidence to proceed but may still be refuted or disproven through further examination or evidence.
• Public acts


  Phil Commission and Phil Legislature 1901-1935
• COMMONWEALTH ACTS


  1936- 1946
• REPUBLIC ACTS


  Congress 1946- 1972, 1987
• PRESIDENT


  1973 & Freedom (PD and EO respectively)
• HE HAS A REMAIN TO SILENT


  This refers to the right to silence, or right against self-incrimination, found in the Fifth Amendment.