Lecture slides on the Philippine Judiciary.
These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.
The Philippine judicial and legal system, including its legal education system, blends elements of civil law inherited from the Spaniards and American common law. For instance, civil code procedures on family and property matters, among others, and the absence of jury trials are attributable to the Spanish civil law influences. However, most of the more significant laws governing trade and commerce, taxation, labor relations, and governmental operations, as well as the principle of judicial precedents are an American derivation. In the hierarchy of laws, the Constitution has the highest legal force, followed by domestic statutes. In addition, generally accepted principles of international law and judicial precedents (i.e., decisions of the Supreme Court) also form part of the laws of the land.
For use with sections 8.3 & 8.4, this presentation reviews the information in Guided Readings for these section. It focuses on the Supreme Court, its work, and its decisions.
Congress: Organization and Powers (See description for updated versions)Matthew Caggia
Overview of the organization, powers, and work of Congress (updated 09/15)
See newest update https://www.slideshare.net/mcaggia/how-congress-is-organized-200149905
Lecture slides on the Philippine Judiciary.
These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.
The Philippine judicial and legal system, including its legal education system, blends elements of civil law inherited from the Spaniards and American common law. For instance, civil code procedures on family and property matters, among others, and the absence of jury trials are attributable to the Spanish civil law influences. However, most of the more significant laws governing trade and commerce, taxation, labor relations, and governmental operations, as well as the principle of judicial precedents are an American derivation. In the hierarchy of laws, the Constitution has the highest legal force, followed by domestic statutes. In addition, generally accepted principles of international law and judicial precedents (i.e., decisions of the Supreme Court) also form part of the laws of the land.
For use with sections 8.3 & 8.4, this presentation reviews the information in Guided Readings for these section. It focuses on the Supreme Court, its work, and its decisions.
Congress: Organization and Powers (See description for updated versions)Matthew Caggia
Overview of the organization, powers, and work of Congress (updated 09/15)
See newest update https://www.slideshare.net/mcaggia/how-congress-is-organized-200149905
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
MATATAG CURRICULUM: ASSESSING THE READINESS OF ELEM. PUBLIC SCHOOL TEACHERS I...NelTorrente
In this research, it concludes that while the readiness of teachers in Caloocan City to implement the MATATAG Curriculum is generally positive, targeted efforts in professional development, resource distribution, support networks, and comprehensive preparation can address the existing gaps and ensure successful curriculum implementation.
2. How does the NC Judicial System
operate?
The NC Constitution outlines
our Judicial Power in Article IV.
North Carolina runs a statewide
court system, so while some
employees of the court may be
elected in their local
jurisdictions, they are all state
employees.
The court system is also state
funded, and the state incurs all
expenses except for facilities
and security.
3. General Court of Justice
The General Court of Justice contains three parts: an
Appellate Division, a Superior Court Division, and a District
Court Division.
4. The Appellate Division is made
up of the Supreme Court and the
Court of Appeals.
5. The Supreme Court has a Chief Justice
and six associate justices.
1. The Court hears cases appealed from the Court of
Appeals and some cases that bypass the Court of
Appeals, such as death sentence cases, which
must be heard by the Supreme Court.
2. Parties must petition the Supreme Court to hear
their case, and in most cases, the Supreme Court
can decide whether or not it will hear the case. The
exceptions to this rule are death sentence cases,
Utilities Commission cases, and Court of Appeals
decisions with one dissent, all of which are
automatically heard by the Supreme Court.
3. The role of the Supreme Court is to determine legal
error or interpretation of the law; the Court does not
hear cases to determine fact.
4. The Supreme Court does not have a jury.
5. Supreme Court Judges are elected to eight-year
terms.
6. The Court of Appeals has 15 judges who
sit in rotating panels of three.
This Court hears cases appealed
from Superior and District Courts
and decides cases on questions of
law ranging from parking tickets to
murder cases.
The Court of Appeals mostly
reviews matters decided by trial
courts to determine if there are
legal errors in the trial; it does not
have a jury.
Court of Appeals Judges are
elected to eight-year terms.
7. Superior Court
The Superior Court is a Trial Court; it is currently
divided into eight divisions and 46 judicial districts,
and elections of one or more Superior Court
Judges are held in each district.
Every six months, Superior Court Judges rotate
among the districts in their division, i.e., they move
to a new district.
The Superior Court tries “felony criminal cases, civil
cases involving more than $10,000, and
misdemeanor and infraction appeals from district
court.”
The Superior Court does employ a jury in criminal
cases.
Superior Court Judges are elected to eight-year
terms.
8. District Courts
The District Court is a Trial Court; it is
currently divided into 41 districts, and
elections of one or more District Court
Judges are held in each district.
District Courts are divided into four
categories: criminal, civil, juvenile, and
magistrate.
District Courts hear criminal cases involving
misdemeanors and infractions; criminal
cases are the most common of the four
categories and are heard without a jury.
District Courts hear civil cases involving less
than $10,000.
District judges are elected to four-year terms.
9. Family Court is part of the District
Courts
Family Court is a special kind of civil court.
Family Courts hear all cases involving
juvenile delinquency, neglect and abuse,
termination of parental rights, adoption,
domestic violence, custody, divorce, and
child support, among other family-related
matters.
In these courts, children sixteen years
and younger who are considered
delinquents are designated as juveniles,
and children who are eighteen years and
younger who are considered
“undisciplined, neglected, or abused” are
designated as juveniles.
Mediation is often used in Family Court
10. Clerks of Court
Clerks of Court are elected in every county in
North Carolina and are responsible for all
clerical and record-keeping functions of the
Superior and District Courts.
The Clerk also acts as a Probate Judge,
which means he/she deals with wills and
estates; decides guardianship for minors;
and determines incompetence.
Clerks have the power to issues arrest and
search warrants and to accept guilty pleas
and payments for minor offenses.
Clerks are elected in their county to four-year
terms.
11. Magistrates
Magistrates are judicial officials
who work at the District Court
level to handle certain criminal
and civil cases. They do not
usually conduct trials, but they
do handle many preliminary
matters in criminal cases. They
are not judges, even though
they do possess the limited
judicial powers listed on the
next slide.
12. Powers of Magistrates
In criminal cases, magistrates
issue warrants and set bail.
Magistrates also accept guilty
pleas and payments of fines for
traffic violations and minor
misdemeanors.
Magistrates are the only judicial
officials who can perform marriage
ceremonies.
Magistrates are appointed by the
Senior Resident Superior Court
Judge; their terms are initially two-
years, followed by four-year terms.
13. Jurors Jurors are citizens who listen to cases and
determine a person’s right to property, right
to freedom, or, in capital cases, right to life.
To be eligible to serve as a juror in North
Carolina, one must fulfill the following
requirements:
Citizen of the state and a resident of the
county
18 or older (no upper age limit)
Able to speak and to understand the
English language
Physically and mentally competent
No felony conviction
Generated lists of jurors come from voter
registration lists and drivers’ license lists.