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14 Cards in this Set
- Front
- Back
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Judicial Power |
Muskrat v. United States : "right to determine actual controversies arising between adverse litigants duly institutes in the courts of proper jurisdictions Lopez v. Roxas : "authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such rights |
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Section 1 Article VIII of the PH constitution |
"Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch of instrumentality ot the Government." |
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Grave abuse of discretion |
Capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction |
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Congress |
Has the power to create new courts and to apportion jurisdiction among various courts without impairing the independence of the judiciary |
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Powers of the Supreme Court that the Congress can't take away |
Power of Judicial Review Judicial and Bar Council |
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Power of Judicial Review |
Power of SC to declare a law, treaty, international or executive agreement, presidential decree, proclamation, order, instructuon, ordinance, or regulation unconstitutional |
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Judicial and Bar Council |
Recommends appointees to the Judiciary to eliminate politics in the appointment of judges and justices |
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Chief Justice -ex-officio chairman Sec. Of Justice and Rep. Of Congress : ex-officio members Rep. Of Integrated Bar Prof. Of Law Retired Member of SC Rep. Of Private Sector |
JBC COMPOSITION |
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Supreme Court justices |
Removable only by impeachment |
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Justices and judges of courts inferior to SC |
Removable only by the SC sitting en banc |
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Writ of Mandamus |
Court order Made without the benefit of full judicial process or before a case is concluded May be issued by a court any time that is appropriate, but is usually issued in a case that has already began |
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Certiorari |
An order a higher court issues to review the decision abd determine whether there are irregularities |
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Quo warranto |
Legal proceeding during which an individual's right to holeld an office or governmental privileged is challenged. |
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Habeas Corpus |
Writ requiring a person to be brought before a judge or a court especially for investigation of a restraint of a person's liberty Used as protection against alleged imprisonment |
