legal procedure and trial

8/3/2019 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

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