Download - Legal Procedure and Trial
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By: CAREN P. ROMERO
IV BLOCK 2
LEGAL PROCEDURE AND TRIAL
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By hearing evidence
Determine facts that are relevant Apply appropriate principle of law
Pass judgement
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DIVISION OF OVERALL
PROCEDURES
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CommencementPleadingPre- trialTrialExecution
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Execution
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COMMENCEMENT OF THE
ACTION
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This is the first step in the trialprocess.action relates to contract, theproper action is breach of contract
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Action relates to negligence, proper action is in negligence.
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STATUTES OF LIMITATION
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Complaint must be made within aspecific time or the right tocomplain will be lost forever
There are time limit in filing cases
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Negligence or malpractice : varyfrom 2-3 years.
Criminal cases: 2-6 years
Murder cases: no time limit
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COMMENCEMENT OF LEGAL
PROCEEDINGS
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( litigants)
2 DISPUTANTS
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( complainant / Plaintiff)
ACCUSER
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Counselor
ATTORNEY
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PLEADING
First pleading( complaint or petition)
Less serious crimes (Misdemeanor)called Complaints
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More serious crimes(Felonies)
Called Indictment
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Article III, Bill of Rights of theNew Constitution
FUNDAMENTAL REQT OF DUE
PROCESS
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Section 12. (1) Any person under investigation for the commission of anoffense shall have the right to beinformed
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of his right to remain silent and tohave competent and independentcounsel preferably of his own choice.If the person.
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presence of counsel.
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(2) No torture, force, violence, threat,intimidation, or any other means whichvitiate the free will shall be usedagainst him. Secret detention places,
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solitary, incommunicado, or other similar forms of detention areprohibited.
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(3) Any confession or admissionobtained in violation of this or Section17 hereof shall be inadmissible inevidence against him.
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(4) The law shall provide for penaland civil sanctions for violations of this section as well ascompensation to the rehabilitation
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of victims of torture or similar practices, and their families.
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Section 13. All persons, exceptthose charged with offenses
punishable by reclusion perpetuawhen evidence of guilt
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is strong, shall, before conviction, bebailable by sufficient sureties, or bereleased on recognizance as may beprovided by law. The right to bail
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shall not be impaired even when theprivilege of the writ of habeas corpusis suspended. Excessive bail shallnot be required.
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Section 14. (1) No person shall be
held to answer for a criminal offensewithout due process of law.
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(2) In all criminal prosecutions, theaccused shall be presumedinnocent until the contrary isproved, and shall
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enjoy the right to be heard by himself and counsel, to be informed of thenature and cause of the accusationagainst him, to have a speedy,
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impartial, and public trial, to meet thewitnesses face to face, and to havecompulsory process to secure theattendance of witnesses and
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the production of evidence in hisbehalf. However, after arraignment,trial may proceed notwithstanding the
absence of.
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the accused: Provided, that hehas been duly notified and hisfailure to appear is unjustifiable.
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Informal discussion bet. The judge and attorney.
PRE TRIAL PROCEDURES
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To eliminate matters not in dispute
To agree on issues
To settle procedural mattersrelating to the trial
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TR IAL
Facts of cases are determined
Principles of law relating to thosefacts are applied
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Conclusion as to liability reached
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W ITNESS
Subpoena- serves as directing thewitness the date and time hell givetestimony.
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Subpoena duces tecum witnessrequired to bring records.
Testimony of facts- testify only whathe knows based on facts.
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Testimony of opinion this is
only be given by expert.Testify by a special
knowledge,skills and training.
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Privileged against self- incrimination
- Can refuse to answer question hedoesnt know or that will incriminateher.
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Hearsay evidence- repetition of whatthe witness heard.
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Privileged communications
Statements uttered in good faith.Evidence
Ante-mortem statements
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The review of cases and final judgement
APPEALS
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Failure to obey will be regarded
as contempt of court and willresult in fine or imprisonment
EXECUTION OF JUDGEMENT