Compiled by: Romer Yadao
Barrista Solutions lists key concepts in Remedial Law. This will help you memorize important terms in the subject.
1. QUESTION OF FACT
An issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delay unreasonably in constructing a building.
2. QUESTION OF LAW
An issue to be decided by the judge, concerning the application or interpretation of the law. A question that the law itself has authoritatively answered so that the court may not answer it as a matter of discretion.
3. QUO WARRANTO
A common law writ used to inquired into the authority by which a public office is held or a franchise is claimed.
4. RECOGNIZANCE
A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt or to keep the peace specifically an in-court acknowledgment of an obligation in a penal sum, conditioned on the performance or non-performance of a particular act.
5. REDIRECT EXAMINATION
A second direct examination, after cross-examination, the scope ordinarily being limited to matters covered during cross-examination.
6. PROVISIONAL REMEDY
A temporary remedy awarded before judgment and pending the action’s disposition, such as a temporary restraining order, a preliminary injunction, etc. Such a remedy is intended to maintain the status quo by protecting a person’s safety or preserving a property.
7. RENDITION OF JUDGMENT
The judge’s oral or written ruling containing the judgment entered.
8. REPLEVIN
An action for the repossession of personal property wrongfully taken or detained by the defendant whereby the plaintiff gives security for the and holds the property until the court decides who owns it.
9. RES GESTAE
The events at issue or other events contemporaneous with them. In evidence, words and statements about the res gestae are usually admissible under a hearsay exception.
10. RES INTER ALIOS ACTA
The rule prohibiting the admission of collateral facts into evidence.
11. RESTRAINING ORDER
A court order entered to prevent the dissipation or loss of property.
12. EXECUTION SALE
A forced sale of a debtor’s property by a government official carrying out a writ of execution.
13. PUBLIC SALE
A sale made after public notice, such as an auction or sheriff’s sale specifically a sale to which the public has been invited by advertisement to appear and bid at auction for the items to be sold.
14. WARRANTLESS SEARCH
A search conducted without obtaining a proper warrant. Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest.
15. CONSTRUCTIVE SERVICE (Substituted Service)
Service accomplished by a method or circumstance that does not give actual notice.
16. PERSONAL SERVICE
Actual delivery of the notice or process to the person to whom it is directed.
17. SERVICE BY PUBLICATION
The service of process on an absent or nonresident defendant by publishing a notice in a newspaper or other public medium.
18.SUBSTITUTION OF PARTIES
The replacement of one litigant by another because of the first litigant’s death, incompetency, transfer of interest or when the litigant is a public official, separation from office.
19. SUPERSEDEAS
A writ or bond that suspends a judgment creditor’s power to levy execution usually pending appeal. Latin “you shall desist”.
20. SUR REBUTTAL
The response to the opposing party’s rebuttal in trial or other proceeding; a rebuttal to a rebuttal.
21. NEW TRIAL
A post judgment retrial or re examination of some or all of the issues determined in an earlier judgment. The trial court may order a new trial by motion of a party or on the court’s own initiative. Also, when an appellate court reverses the trial court’s judgment, it may remand the case to the trial court for a new trial on some or all of the issues on which the reversal is based.
22. TRIAL IN ABSENTIA
A trial held without the accused being present.
23. TRIAL ON THE MERITS
A trial on the substantive issues of a case, as opposed to a motion hearing or interlocutory matter.
24. TWO DISMISSAL RULE
The rule that a notice of voluntary dismissal operates as an adjudication on the merits – not merely as a dismissal without prejudice – when filed by a plaintiff who has already dismissed the same claim in another court.
25. UNLAWFUL DETAINER
The unjustifiable retention of the possession of real property by one whose original entry was lawful, as when a tenant holds over after lease termination despite the landlord’s demand for possession.
26. VENUE
The proper or possible place for a lawsuit to proceed usually because the place has some connection either with the events that gave rise to the lawsuit or with the plaintiff or defendant.
27. WANT OF JURISDICTION
A court’s lack of power to act in a particular way or to give certain kinds of relief. A court may have no power to act at all, may lack authority over a person or the subject matter of a lawsuit or may have no power to act until the prerequisites for its jurisdiction have been satisfied. Also termed lack of jurisdiction.
28. WARRANT
A writ directing or authorizing someone to do an act especially one directing a law enforcer to make an arrest, a search or a seizure.
29. WITNESS
One who sees, knows or vouches for something.
30. CHARACTER WITNESS
A witness who testifies about another person’s character traits or community reputation.
31. COMPETENT WITNESS
A witness who is legally qualified to testify. A lay witness who has personal knowledge of the subject matter of the testimony is competent to testify.
32. CORROBORATING WITNESS
A witness who confirms or supports someone else’s testimony.
33. EXPERT WITNESS
A witness qualified by knowledge, skill, experience, training or education to provide a scientific, technical or other specialized opinion about the evidence or a fact issue.
34. HOSTILE WITNESS
A witness who is biased against the examining party, who is unwilling to testify or is identified with an adverse party. A hostile witness may be asked leading questions on direct examination.
35. RES GESTAE WITNESS
A witness who, having been at the scene of an incident, can give a firsthand account of what happened.
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