CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

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CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Sat Apr 25, 2009 3:56 pm

CHURCH APPLIED LAW
101

CHURCH APPLIED LAW
- (Definition of Term) a subject matter that covers the legality of a church as a juridical person and an organism that needs protection of its rights and free exercise of its biblical ordinances and obligations towards men, God and its country taking into account the legal laws of the country or community where it is locally assembled. The forces of good and evil should take utmost consideration because it is by which that laws in the Word of God and Government were written.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:16 pm

I. BIBLE VERSES THAT SHOULD BE CONSIDERED IN STUDYING THIS COURSE:
A. Romans 13:1 to 8 - “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. Wherefore ye must needs be subject, not only for wrath, but also for conscience sake. For for this cause pay ye tribute also: for they are God's ministers, attending continually upon this very thing. Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour. Owe no man any thing, but to love one another: for he that loveth another hath fulfilled the law. For this, Thou shalt not commit adultery, Thou shalt not kill, Thou shalt not steal, Thou shalt not bear false witness, Thou shalt not covet; and if there be any other commandment, it is briefly comprehended in this saying, namely, Thou shalt love thy neighbour as thyself. Love worketh no ill to his neighbour: therefore love is the fulfilling of the law.”
v. 1- All powers come (emanate) from God, every person is subject to law
(higher powers)
v. 2- The law of the land is the law of God.
- The law punishes every person who disobeys. (Man by nature is self-
righteous. Ephesians 6:10ff)
v. 3- The law (good) is against evils (bad elements of the society)
v. 4- The law is the minister of God to do good and resist evil.
v. 5- The law teaches natural good in the person (conscience/conviction)
v. 6- God commands us to pay our taxes so the law will continue.
v. 7- God commands to give what is due to law
v. 8- God commands love to fulfill the law.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:16 pm

CHRISTIANS' RESPONSIBILITY TO GOV’T (1-7)

1. Are to be in Subjection. (1) In the early days of Christianity, it was often seen as being antagonistic to the government. Many converts, especially Jews, would perhaps behave in a way to perpetrate this view. God has ordained civil government. Is this to say that no government turns out bad? God has ordained marriage and the church, but they sometimes fail, so do governments. (Tit. 3:1; 1 Pet. 2:13-17; 1 Tim 2:1,2) We only have recourse against our civil government when they make demands on us that violate God's commandments.

2. Should not Resist the Powers That Be. (2)
This more than just not breaking the law. Paul is saying not to take a stand or defy the government.

3. The Purpose of Government Defined: (3-7)

a. A minister of God - These principles apply whether the government is kind or cruel. All governments are pleased with law abiding citizens, so Christians are bound to be law abiding. God ordained governments to minister to the welfare of the people, this is their job.

b. An avenger to bring wrath upon those who practice evil. God has always condoned capital punishment, if administered by the government. (Gen. 9:6) It not an option for man to take vengeance into his own hands, but instead allow the civil government to do its job.

c. Submission to Government Should Not only be for the Purpose of Avoiding Wrath, but also to have a Good Conscience before God. (5)
This is not saying we cannot participate in our government or use the laws of our government to our own benefit, only that we are to follow those laws.

d. Christians are Obligated to: (6,7)

1) Pay taxes - "Tribute" here means taxes. It is our Christian duty to pay our share of the taxes. (Mt. 22:15-22). "Custom" here is revenue levied on imports and trades.

2) Render proper respect and honor - If every person alive were a Christian would we still need civil government? Yes, because there are things to be done that the church is not authorized to do. Countries that have functioning governments are not in chaos, and Christians have a better chance of fulfilling their duties as Christians.
CONSIDERATIONS: Everyone has a right to expose corruption by individuals, businesses, government officials, or any other entity who is committing acts that are unfair or immoral. Everyone deserves the protection of the law for exposing corruption even if they have violated other laws for the purpose of exposing the corruption. No law shall be construed or applied in a manner that punishes those who expose corruption. Secrecy laws are intended to protect the public, not to conceal corruption and abuse.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:16 pm

B. MATTHEW 18:15-19
“Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. Verily I say unto you, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven. Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven.”
v. 15- God in the church rules out a proper channel and guide to solve a
problem – between the two of you.
v. 16- God requires two witnesses to further resolve disputes – two or
more
v. 17- If offender does not listen, tell it to the church , if he will not listen
to the church, disregard him (ir\f reconciliation will be turned
down)
- Good rule in the church: Serve the Lord where you are happy.
v. 18- The power of two moves heaven.
v. 19- the assurance of the power of two.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:17 pm

C. I CORINTHIAN 6:1-7
“Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? Do ye not know that the saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters? Know ye not that we shall judge angels? how much more things that pertain to this life? If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church. I speak to your shame. Is it so, that there is not a wise man among you? No, not one that shall be able to judge between his brethren? But brother goeth to law with brother, and that before the unbelievers. Now therefore there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather [suffer yourselves to] be defrauded? Nay, ye do wrong, and defraud, and that [your] brethren.”


A CASE STUDY BASED ON
"So, you've been defamed by your brothers in Christ and have been slandered with damage to reputation... You want to sue the brethren? Well, you can't. Christians can't go to law against Christians. You'll just have to suffer the wrong and be defrauded..."
Consider other verses as I Cor. 14:40, “Let all things be done decently and in order.” And “God is a God of order” I Corinthians 14:33 which says, "For God is not a God of disorder but of peace".
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:17 pm

D. CAPITAL PUNISHMENT IN THE BIBLE - The first mention of capital punishment as a penalty for murder is in Genesis 9:6 - "Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man." (KJV) The first mention of the appropriate punishment for a murder is in Genesis 4:11-15. "And now art thou cursed from the earth, which hath opened her mouth to receive thy brother's blood from thy hand;...a fugitive and a vagabond shalt thou be in the earth. And the LORD said unto him, Therefore whosoever slayeth Cain, vengeance shall be taken on him sevenfold. And the LORD set a mark upon Cain, lest any finding him should kill him." (KJV)
Capital crimes, according to rest of the Hebrew Scriptures - The Biblical books Exodus, Leviticus, Numbers and Deuteronomy form the rest of the Pentateuch and contain the Mosaic Code - a set of civil and religious transgressions with their appropriate punishments. This set of 613 laws greatly expanded the range of crimes which were punishable by death. If sufficient proof were provided that a person had committed any of the crimes listed below, the state imposed the death penalty on the guilty person(s). They were either stoned to death, impaled on a stick or burned alive. Witnesses who testified at the trial would often participate in the killing. To their credit, the courts of ancient Israel required very high levels of proof of criminal behavior before they would order the death penalty.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:17 pm

Two (2) Parties involved in Court Case
1. Plaintiff or Complainant
2. Defendant or Respondent

VERDICT
- is the result of court case.
Two (2) Kinds of Verdict
1. Conviction- the defendant is guilty
2. Acquittal- the defendant is not guilty; he is innocent

COURT CASES
1. Civil Case
2. Criminal Case

CIVIL AND CRIMINAL CASE DIFFERENCES

1. Person Filing
Civil Case- In civil law, a private party (e.g., corporation or individual person) files law suit and becomes the plaintiff of complainant (accuser who files legal complain)
Criminal Case- In criminal law, the litigation is always filed by the government, who is called the prosecution.

2. Punishment
Civil Case- a defendant in civil is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior.
a.) malicious intent (i.e. desire to cause harm)
b.) gross negligence (i.e. conscious indifference)
c.) willful disregard for right of others
Criminal Case- In criminal law, a guilty defendant is punished by either:
1. Incarceration in a jailor prison.
2. Fine paid to the government or in exceptional cases
3. Execution of the defendant: the death penalty

CIRCUMSTANCIAL EVIDENCE no witness
DOCUMENTARY EVIDENCE with witness
TRIAL BY PUBLICITY open to media

MEDIA
- plural for medium; taken from medium of communication
- any means, agency both public and private publicity via (by way of) television, radio and/or publication
Three (3) Audiences of Media
1. Television - viewers (publicity)
2. Radio - listeners (broadcast)
3. Publication/ Print - readers
* They are also called followers, crowd, audiences, fans, stalkers.

VELOCITY
- Number of times an issue or an article is being handed down to its audience.

WHAT IS COURT?
- Is a person or body of persons whose task is to hear and submit a decision or cases at law held in a building, hall, or room in which such are heard and determined.
Two (2) Types of Courts According to Nature
1. Secular Courts
a.) lower courts
• barangay, datum/tribes, municipal, regional trail court
b.) higher court or appellate court
• Court of Appeals, Supreme Court, Sandigan Bayan
2. Sacred Courts

Two (2) Kinds of the Country Laws in the World
1. Civil Law Country – codified law
2. Common Law Country – non-coded law

DEFINITION OF CONSTITUTIONAL LAWS
In the case of countries, this term refers especially to national constitution defining the fundamental political principles and establishing the structure, procedure, powers and duties of government.

Philippine Constitution
Bill of Rights
Article III, Sec. 5
No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and worship without discrimination or preferences shall forever be allowed. No religious test shall be required for the exercise for civil or political rights.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:18 pm

NOTABLE PHILIPPINE LEGAL CODES

1. Civil Code (Republic Act No. 386)
The civil law governs private law in the Philippines, including obligations and contracts, successions, torts and damages and property.

CIVIL LAW
- is private law whereas public law deals with relationship between artificial and natural persons (i.e. individuals, business entities, non profit organizations) and the state including regulatory statues, penal law and other law that affects the public order.

2. Revised Penal Code (R.A. 3815 Dec. 08, 1930)
- the revised penal code contains the general penal laws enacted by the legislator, the elements making up the offenses and punishments for crimes.

What is a civil case?
If you decide to sue another person, an organisation or a business, your case is a civil case. Private individuals, businesses or the government can sue other people and organisations. The person who is suing is called the plaintiff and the person who is being sued is called the defendant.
Some of examples of civil cases are:
• a person who is hurt in a car accident sues the driver of the other car;
• a worker sues his employer after the worker hurts his back at work and can never work again;
• a homeowner who has hired a builder to build a new kitchen sues the builder when the kitchen is badly built and has to be fixed;
• a family sues their doctor when the doctor does not discover that the mother has cancer in time for the cancer to be treated.
People usually sue for an amount of money to make up for the injury or loss they have suffered. Civil cases do not result in prison terms.
TYPES OF COURTS IN THE PHILIPPINES:
1. REGULAR COURTS - The following are the regular courts in the Philippines: Supreme Court, Court of Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts.
2. SPECIAL COURTS - The following are the special courts in the Philippines: Sandiganbayan, Court of Tax Appeals, Shari'a District Courts, Shari'a Circuit Courts
COLLEGIATE COURTS
APELLATE COURT


The Collegiate Courts

The following are the collegiate courts in the Philippines:
o Supreme Court
o Court of Appeals
o Sandiganbayan
o Court of Tax Appeals

DO I HAVE A CASE?
A question that is often asked by those who have been in an accident, or who have suffered some injury as a result of the fault of another, is whether they have a case. Whether you have been involved in an automobile accident, a slip-and-fall incident, or another type of occurrence in which you were injured, an essential issue is the determination of whether you have a case that can be pursued. This question is not easily answered and must be decided on the basis of the specific facts pertaining to the incident in question.
Many questions must be answered in order to come to some opinion regarding whether there is actually a case that can be pursued on your behalf. That is why, when you have suffered an injury, it is recommended that you seek the advice of an attorney who is experienced in the field of personal injury litigation. The attorneys and the experienced, well-trained staff at Goldberg, Racila, D'Alessandro & Noone, LLC, will meet with you to decide if you do indeed have a viable case. Essential information will be gathered and evaluated in order to determine what options are available to you.
Some of the questions that must be answered are as follows:
What occurred? The injured person must provide a detailed description of exactly what happened. If you made any notes at or shortly after the time of the incident, it is always beneficial to bring those, as well as any photographs, accident reports, or any other documentation that you may have, when you meet with an attorney who is reviewing your case. These items will be very helpful in the evaluation of your case. The attorneys and experienced staff at Goldberg, Racila, D'Alessandro & Noone, LLC, can interpret this information from talking with you and reviewing related documents in order to come to a full understanding of what happened, how it occurred, and all those who may have been at fault.
What injuries were sustained? Another important element is to determine the specific injuries suffered by the person as a result of the accident. Bringing in any documents relating to your medical care to the initial consultation would be beneficial.
Is there a legal basis upon which my case can be pursued? One thing that can be difficult for people to understand is that although they have suffered a genuine injury, their accident may not meet the necessary legal standard which places responsibility upon someone else for their injuries. It is therefore essential to consult with an attorney who is well versed in the laws that apply to the circumstances of your particular accident and your injuries. The attorneys at Goldberg, Racila, D'Alessandro & Noone, LLC, have extensive experience in dealing with the laws that are relevant to personal injury and wrongful death cases. As a result, they can fairly and honestly assess your case to establish whether the legal requirements have been met to enable you to go forward with your case.
Who is at fault? Fault lies with the person and/or legal entity who has been negligent and whose negligence caused your injury. The attorneys at Goldberg, Racila, D'Alessandro & Noone, LLC will not only identify the obvious negligent party but will research your case to see if others may have contributed to your loss.
What is your prior medical history? If you have had similar injuries in the past, this could be important to the case. It is essential that you are candid and forthcoming with any such information at the time of your initial consultation. Such medical history may not necessarily be bad news. A prior medical condition is of less significance if you fully recovered from the previous similar problem. If, on the other hand, your prior medical history will impact your case in a negative way, this needs to be factored in at the time of your consultation.
In closing, as noted previously, it is important that you seek the counsel of experienced attorneys who can evaluate your accident and give you an honest and qualified opinion regarding whether you have a case. At Goldberg, Racila, D'Alessandro and Noone, LLC, our highly skilled attorneys and our well-qualified support staff welcome the opportunity to be of assistance to you.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:22 pm

AREAS OF PRACTICE
• Personal Injury Automobile Injuries
• Boating Injuries
• Construction Injuries
• Animal Bites
• Motorcycle Injuries
• Pedestrian Injuries
• Premises Liability
• Products Liability
• Slip and Fall
• Uninsured Motorists
• Wrongful Death
Criminal Defense
Battery/Domestic Violence
Drug Trafficking/Possession
Driving Under the Influence (DUI)
Felonies and Misdemeanors
State and Federal Courts
Battery/Domestic Violence
These are cases most typically involving violent physical contact between spouses, roommates, siblings, or even persons who share a child in common. There are instances where someone can be charged with assault without ever physically touching the other person. With a range of penalties from misdemeanor sanctions and counseling to felony incarceration, this type of case is often in the forefront of state legislation.
Drug Trafficking/Possession
These crimes often involve the possession, sale, or distribution of illegal narcotics. "Cultivation" refers to the growing of organic drugs (e.g. marijuana), while "manufacture" means the creation of synthetic drugs or isolating drug compounds from organic sources (e.g. heroin, cocaine, etc.) "Distribution" is the sale of drugs, while "possession" means having the drugs on one's person or within easy reach. If you are found in possession of a sufficient amount, you may be charged with "Possession with Intent to Distribute" or "Trafficking" if law enforcement believes the defendant intended to sell the narcotics.
DUI
Driving Under the Influence is a crime where law enforcement alleges the person operating the motor vehicle was under the influence of alcohol or narcotics at the time of driving to such an extent that their normal faculties (e.g. reaction time, eye-hand coordination, etc.) are impaired, and/or that the person is operating a motor vehicle with a blood/breath/urine content of .08% alcohol or greater. Penalties are increased for the amount of alcohol as well as the number of prior offenses.
Felonies and Misdemeanors
A felony is defined as any criminal offense punishable by death or imprisonment in a state correctional facility for a term exceeding one year. A misdemeanor is any criminal offense punishable by imprisonment in a county correctional facility not in excess of one year. In each type of crime, there are various levels of offense (3rd degree felony, 2nd degree felony, etc.) with a corresponding increase in the type of punishment that is possible.
State and Federal Courts
Federal crimes (e.g. Internet fraud or pornography, bank robbery, interstate crimes, etc.) are those crimes where federal authorities (the FBI) believe someone has committed a crime that involves a conspiracy or action across state lines. The United States Code and Federal Sentencing Guidelines control the sentencing of individuals convicted of these type of crimes, requiring the federal judge to follow a formula for the type of offense and person's criminal history. Once the defendant is convicted and the prior record is determined, the judge uses a chart to determine the sentence that must be imposed. Since there are only a few ways to get a downward departure from sentencing guidelines, it is imperative that an attorney who is thoroughly familiar with federal court procedures represents you.
State crimes are investigated by a local police department and prosecuted in a state circuit or county court. These are violations of state statutes and ordinances, not federal laws. These types of crimes include murder, rape, child abuse, drug sale, domestic battery, etc. Most often, these are the cases that go before a jury, where the state prosecutor is required to prove each element of the crime beyond a reasonable doubt. The judge in a state court can hear felonies and/or misdemeanor crimes, and decide the appropriate punishment with assistance from the state sentencing guidelines.

Medical Malpractice
Family Law
Wrongful Death
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:23 pm

Vocabularies of Basic Common Legal Terms:
A
Acquit - To find a defendant not guilty; the opposite of conviction of a defendant.
Act of God - An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.

Addendum - An attachment to a written document.

Ad hoc - Latin: for this purpose; for a specific purpose.

Ad infinitum - Latin: forever; without limit; indefinitely.

Administrator - A person who administers the estate of a person deceased.

Adverse possession - The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner.

Affidavit - A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true.

Agent - A person who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions.

Aggravated damages - Special and highly exceptional damages awarded by a court where the circumstances of the tortious conduct have been particularly humiliating or malicious towards the plaintiff/victim.

a.k.a. - prep. abbreviation for "also known as" when someone uses different ...

Alimony - An amount given to one spouse to another while they are separated.
Allege - Claims or assertions made which the parties then attempt to prove through testimony and evidence.
Amend - To change, to revise, usually to the wording of a written document such as legislation.

Anarchy - Anarchy: the absence or law or enforcement thereof.

And/Or - And/or means any combination of two options; one, the other (either), or both.

Annulment - To make void; to cancel an event or judicial proceeding both retroactively and for the future.
Antedate - To date back; retroactively. To date a document to a time before it was written.

Antenuptial - An event or document which pre-dates a marriage.

Appeal - To ask a more senior court or person to review a decision of a subordinate court or person.

Appearance - The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit.

Appellate court - n. a court of appeals which hears appeals from lower court decisions. The term is often used in legal briefs to describe a court of appeals.

Apportionment - The division and distribution of something into proportionate parts; to each according to their share.
Arbitration - A proceeding in which the parties present their cases to one or more arbitrators, who then make a decision which can either be binding (the final decision by which the parties must abide) or non-binding (a suggestion for what the arbitrator(s) believe to be a fair resolution to the case).
Arraignment - An initial step in the criminal process wherein the defendant is brought before the court to plead to the criminal charge against him in the indictment or information. The charge is read to him and he is asked to plead "guilty" or "not guilty" or, where permitted, "nolo contendere."
Arrears - A debt that is not paid on the due date adds up and accumulates as 'arrears'.

Arrest Warrant - a judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime, also called a warrant of arrest. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim that the accused person committed a crime.

Arson - Some countries define 'arson' as the intentional setting of a fire to a building in which people live; others include as 'arson' the intentionally setting of a fire to any building.

Assault - The touching of another person with an intent to harm, without that person's consent.

Assign - To give, to transfer responsibility, to another.

Attorney - An alternate word for lawyers
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:23 pm

B
Bad Faith - Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.

Bail - Criminal law: a commitment made (and possibly secured by cash or property) to secure the release of a person being held in custody and suspected of a crime, to provide some kind of guarantee that the suspect will appear to answer the charges at some later date.

Bailee - The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession

Bailment - The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (eg. repair or storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment.

Bailor - The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment.

Bankruptcy (or Insolvency) - The formal condition of an insolvent person being declared bankrupt under law.

Bastard - An illegitimate child, born in a relationship between two persons that are not married (ie. not in wedlock) or who are not married at the time of the child’’s birth.
Battery - Deliberate and unlawful physical contact with a person against that person's free will which involves some type of injury or offensive touching.
Bench - A judge in court session.

Bench Warrant – A warrant of arrest issued by the Judge or court.

Bigamy - Being married to more than one person at the same time. This is a criminal offence in most countries.

Beneficiary - In a legal context, a 'beneficiary' usually refers to the person for whom a trust has been created.

Bill of exchange - A written order from one person (the payor) to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at some fixed future date, a certain sum of money, to either the person identified as payee or to any person presenting the bill of exchange.

Bill of lading - A document that a transport company possesses acknowledging that it has received goods, and serves as title for the purpose of transportation.

Bona vacantia - Property that belongs to no person, and which may be claimed by a finder.

Born out of wedlock - Born of parents who were not married at the time of birth.
Breach of contract - Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts.
Burden of Proof - The standard by which a case is decided. For example, a civil case is decided on the basis of the preponderance of the evidence (see explanation below), while a criminal case must be decided within a reasonable doubt. A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court
BUI - The acronym for the criminal charge of operating a boat under the influence of alcoholic beverages, illicit drugs, or medications, which impair one's ability to safely operate a watercraft.
By-law - A municipal, local or corporate rule or regulation.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:24 pm

C
Canon law - The law of the Christian Church.

Capital punishment - The most severe of all sentences: that of death.
Case - A lawsuit filed with the court.
Case number - The identifying number assigned to a lawsuit file by the court.
Case style - The name of the case, along with the court in which the case is filed, and the case number. The case style appears at the beginning of each pleading filed in a case.
Cause of action - A lawsuit.
Chaste - A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins.
Circumstantial Evidence - Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been proven
Citation - An order of a court to either do a certain thing or to appear before it to answer charges. The citation is typically used for lesser offences (such as traffic violations) because it relies on the good faith of the defendant to appear as requested, as opposed to an arrest or bail. The penalty for failing to obey a citation is often a warrant for the arrest of the defendant.
Civil- A type of case in which money damages injunctive relief can be awarded. The burden of proof in a civil case is different than in a criminal case. (See "Preponderance of the evidence" and. "reasonable doubt")

Civil law - Law inspired by old Roman Law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges.

Clandestine - Something that is purposely kept from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose.

Collateral - Property which has been committed to guarantee a loan.

Common law - Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years.

Company - A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on persuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

Complaint - The initial document filed with the court to open a file on a lawsuit. In this document, the Plaintiff explains the basis of their case against the Defendant(s).

Consensus - A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.

Consign - To leave an item of property in the custody of another.

Conspiracy - An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators.

Constitution - The basic law or laws of a nation or a state which sets out how that state will be organized by deciding the powers and authorities of government between different political units, and by stating and the basic principles of society

Contempt of court - A act of defiance of court authority or dignity. Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail (i.e. overnight).

Contingency fee - A method of payment of legal fees represented by a percentage of an award.

Contract - An agreement between persons which obliges each party to do or not to do a certain thing.

Contract law - That body of law which regulates the enforcement of contracts.

Contributory negligence - The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.

Conveyance - A written document which transfers property from one person to another.

Conviction - The formal decision of a criminal trial which finds the accused guilty.

Copyright - The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the Copyright Act, or some similar name.

Corporal punishment - A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body

Corporate secretary - Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings.

Corporation - A legal entity, allowed by legislation, which permits a group of people, as shareholders (for-profit companies) or members (non-profit companies), to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

Costs - When a person is condemned to 'costs' it means that he has to pay all the court costs such as the fees for bringing the action, witness fees and other fees paid out by the other side in bringing the action to justice. - (see definition)

Council - A formal group of experts brought together on a regular basis to debate matters within that sphere of expertise, and with advisory powers to government - (see definition)

Court martial - A military court set up to try and punish offenses taken by members of the army, navy or air force. - (see definition)

Court of admiralty - A rather archaic term used to denote the court which has the right to hear shipping, ocean and sea legal cases. Also known as 'maritime law'. - (see definition)

Covenant - A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. - (see definition)

Creditor - A person to whom money, goods or services are owed by the debtor. - (see definition)
Crime - An act or omission which is prohibited by criminal law. Each state sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. - (see definition)
Criminal conversation - Criminal conversation: synonymous with adultery. - (see definition)
Criminal law - That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. - (see definition)

Cross-examination - In trials, each party calls witnesses. Each party may also question the other’s witness(es). When you ask questions of the other party’s witness(es), it is called a 'cross-examination' and you are allowed considerably more latitude in cross-examination then when you question your own witnesses (called an 'examination-in-chief'). - (see definition)

Crown - The word refers specifically to the British Monarch, where she is the head of state of Commonwealth countries. - (see definition)

Cuius est solum, ejus est usque ad caelum et ad in - Latin: who owns the land, owns down to the center of the earth and up to the heavens. - (see definition)

Culpa lata - Latin for gross negligence. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another. - (see definition)

Curtilage - The yard surrounding a residence or dwelling house which is reserved for or used by the occupants for their enjoyment or work. Curtilage may or may not be inclosed by fencing and includes any outhouses such as stand-alone garages or workshops. - (see definition)

Custody - Means the charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare. - (see definition)

Cy-pres - 'As near as may be': a technical word used in the law of trusts or of wills to refer to a power that the courts have to, rather than void the document, to literal construction would give the document illegal, impracticable or impossible effect. - (see definition)
Criminal - A type of case in which the person is charged with a crime and may face penalties including fines, jail time, or imprisonment.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:25 pm

Damages - Injuries or losses, such as a broken leg or lost wages.
Defendant - The person or entity against whom a civil lawsuit is filed, or, in a criminal case, the alleged perpetrator.
Demonstrative Aids - Devices used by witnesses to better explain their testimony. One example of a demonstrative aid would be a model of a skeleton that a doctor might use to illustrate a point in his testimony.
Deposition - A statement involving questions asked by attorneys in the case and the answers given by the witness whose deposition is being taken. Depositions are taken in the presence of a court reporter, who records what is being said by each person there.
Disability - The limitation or reduction of a person's overall capability due to injury.
Discovery -The portion of a lawsuit in which the parties are gathering evidence through obtaining answers to written questions, getting documents from the opposing party, and taking depositions of parties and witnesses.
Documentary Evidences
Domestic Violence - Physical and/or emotional harm suffered by person who is a family member of, or residing in the same home as, the offender who caused the harm or injury.
DUI - The acronym for the criminal charge of Driving Under the Influence of alcoholic beverages, illicit drugs, or medications, which impair one's ability to operate a vehicle.
Evidence - Tangible object offered to provide proof of a fact in a case. Photographs are one example of evidence.
Family Law - The area of law, which deals with separation, divorce, child custody, and division of marital assets, as well as adoption.
Felony - A more serious crime than a misdemeanor; a crime, which is often punishable by death or imprisonment for a term of more than one year.
Impeachment of witness - To call into question the truthfulness and/or credibility of a witness. This is done through the introduction of evidence that contradicts the testimony of that witness.
Impairment Rating - A percentage of injury determined by a physician based on specific guidelines, which correspond to the limitations suffered by the injured person.
Interrogatories - Written questions submitted to one party by the other through their attorneys. These questions are answered in writing and the party answering them must sign an oath verifying that the answers are true and correct.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:25 pm

Jury System (Jury Trial)
Jury Instructions - The legal instructions provided to a jury by the judge by which the jurors are to render their decision, or verdict, in a trial.
Juvenile - A young person who has not yet reached the age at which he or she should be treated as an adult for purposes of criminal law; also can be used in a non-criminal context, referring to a young person who is not yet legally able to marry or sign contracts because they have not yet reached the age of majority, or adulthood.
Lawsuit - A legal proceeding filed with the court.
Liability - The responsibility for a risk or dangerous condition, which results in injury to a person.
Malpractice - Professional wrongdoing or unreasonable lack of skill which is normally applied by a careful member of a given profession with the result of injury, loss or damage to the recipient of those services. Doctors, lawyers, and accountants usually use this term to describe misconduct.
Maximum Medical Improvement - The level of medical recovery reached by an injured person when their physician determines that their condition is unlikely to improve further. This is also known as "MMI."
Mediation - An informal settlement conference at which the parties and their attorneys present their positions to a neutral individual (the mediator). That mediator then speaks to the parties separately, in an effort to bring them to an agreement to settle the matter.
Misdemeanor - Criminal offenses which are less serious than felonies, conviction of which carry with them lesser punishments than a felony offense.
Negligence - The careless actions of a person, or their failure to act, which places them at fault in causing or contributing to the injury or death of another.
No Fault - A system of insurance whereby all persons who are injured in an automobile accident may be compensated for any injuries resulting therefrom, without regard to who was at fault.
Nolo contendere - A plea in a criminal case, which has a similar legal effect as pleading guilty.
Omnibus Motion
Party - The individuals or entities involved in a lawsuit. (This can be either the Plaintiff or the Defendant.)
Personal injury - Injury to an individual, which can occur in any number of ways (some examples: automobile accident, a slip and fall incident, a dog bite, a boating accident, etc.).
Plaintiff - The person, people or entity, which files a lawsuit.
Pleading - A document filed with the court in a lawsuit.
Preponderance of the evidence - The standard of proof, which must be met in a civil court proceeding. Specifically, this would be the evidence, which cumulatively outweighs the evidence presented by the opposing party.
Pre-Trial
Probable Cause
Product Liability - The responsibility of a manufacturer or distributor for harm or injury, which results from a defective product. Examples of product liability could be injury to a child from a poorly constructed toy, or a severe physical reaction suffered by someone as a result of taking a particular medication.
Property Damage - Damage to a vehicle or other property as a result of an accident.
Prosecutor
Reasonable doubt - The standard of proof that must be met to prove a criminal case. If a jury has reasonable doubt about the defendant's guilt, they must acquit that person.
Request to Produce - A pleading filed with the court in which one party requests another party be required to provide documents, photographs or other objects pertinent to the case.
Rebuttal - Rebuttal testimony is when a witness is called to testify for the sole purpose of contradicting what another has testified to.
Sandigan Bayan
Search Warrant
Settlement - When a case is resolved by agreement between the parties without the necessity of a trial or verdict.
Statute - A formal written enactment of a legislative body, whether federal, state, city or county. An act of the legislature declaring, commanding, or prohibiting something.
Statute of Limitations - Any law, which fixes the time within which parties must take judicial action to enforce rights or else be thereafter barred from enforcing them.
Subpoena
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:26 pm

Testify - To give a statement under oath, either at deposition or at trial.
Tort - A wrong; a private or civil wrong or injury resulting from a breach of a legal duty that exists by virtue of society's expectations regarding interpersonal conduct, rather than by contract or other private relationship.
Tortfeasor - A person who owes to another the same duty and whose negligence results in injury to such other person.
Trial - A court proceeding in which the parties present their cases through testimony and evidence.
Trial By Publicity
Uninsured/Underinsured Motorist Insurance - A specific type of insurance coverage which provides for benefits if the at-fault driver does not have insurance, or has coverage which is insufficient to compensate you for your losses.
Warrant of Arrest
Verdict - The decision rendered by a jury or judge at the end of a trial.
Witness - Someone who may be called to testify, either at deposition or at trial, regarding what they observed, their knowledge of the facts.
Workers' Compensation - An area of law dealing with the benefits to which an injured worker is entitled.
Wrongful death - The basis for a lawsuit, which is filed due to a death caused by the negligence of another person.
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Re: CHURCH APPLIED LAW 101 - LEGAL TERMS & BASIC CASE STUDIES

Post  RayMart on Fri Jun 19, 2009 4:26 pm

CASE STUDIES

1. A brother suing another brother in a case of php 500,000.00 debt.
- Nobody can be imprisoned because of debts. Civil case will apply to this case because the assistance of court or church will be needed.
2. A brother suing another brother in case of murder? Will it be government or church court?
- We should bring up the case to the government court because a crime done in public will be government concern. Criminal case will apply to this where the prosecutor will be the Philippine government.
3. Are you n favor of death penalty as the capital punishment?
- Yes, because the Old Testament (Pentateuch) endorses it . the laws of God is written by Moses even biblical principles go for capital punishment. Gen. 9:6; Gen. 4:11-16
4. Does trial by publicity (media) affect court’s decision?
- No, because the court has its own merits. All cases will be decided upon by the court rule based on proofs of evidences or merits of the case.
5. Can Philippine government lose in prosecuting criminal case?
- Yes, simply because in a court trial both the plaintiff and the prosecutor and plaintiff and defendant lose or win the case.
6. In case of death of parents, whom will the minor child will go (under whose custody is the child?
- 1st – Grandparents
- 2nd – uncle/auntie
- 3rd – brother
- 4th – sister
- 5th – DSWD
- 6th – orphan
- This is accordance to family code Article 214 and 216 /or if all parties will be found unfit, the child custody will go to the head of children’s homes, orphanages, and similar institutions accredited by government.
7. Is it possible that in one court case or crime each parties is both the complainant and or defendant?
- No, because in one case filing there could only be one complainant and the other defendant.
8. Is there a possibility that the lawyer of each party can be sued in the court?
- Yes, because the judge alone is given the immunity and not the lawyers.
9. Physical goods are consigned to stores, does consignment apply to services?
- Yes
10. When a company registers to SEC is it on a limited number of years of incorporation or lifetime?
- Limited for 50 years
11. A mango tree was planted by neighbor X. during harvest time neighbor Y harvested most of the mangoes which were on the other side of the tree in the property of neighbor Y. is neighbor Y legally bound to harvest the mangoes?
- Yes
12. Is it legal or possible to convey or transfer properties to the names of minors alone?
- Yes/No. A minor cannot enter into contract, he has no mental capacity or capability in this case when parents died in an accident leaving no contract. Contract law comes to trop down the beneficiaries of the decease parents automatically the minor chills id entitled to the properties. However, there has to be a temporary assignment to a person of legal age, which family code names the grandparents to legalize conveyance of property should be named after the legal guardian in trust for the name of the minor child.
13. Does God endorse in His Word that children may put heir parents to death?
- No
14. Should the pastor file an income tax return?
- Yes
15. Should a church loan or borrow money for film-making, livelihood, etc.?
- No. Consideration: The financial plan of God for church in all its expenditures if through tithes and church offerings.
16. Can love abuses aside of marriage or within girl friend or boy friend relationship become crime?
- Yes. A girl friend or boy friend (as an ordinary) may file a case against each other as an ordinary person sues/brings to court another person (in the case of physical abuses). However on the grounds of emotional infliction, mental depression, or insanity, this relationship will be looked upon and relatives may run after the partner.
17. Can a wife or husband file a rape case against their couple?
- Yes
18. You visited a house owned by a rich person with your three-year old child, then accidentally your child hit a pot of plants which fell and cause the death of the owner’s only son. Is there a possibility of filing a case?
- Yes
19. Does law treat a person who is mentally incapacitated as a child? In case that a mentally retarded person kills another person, would you file a case?
- No
20. Is there a possibility that a star witness of the case who was found to be telling not the truth or lies be subject to a court case, considering the star witnesses, physically, financially protected by Philippine government?
- Yes. Only the judge has the immunity in court of the star witness are expected of the government to tell the truth because it is protecting them.
21. In case of the death of the defendant, will the case be considered solved?
- No. If the defendant dies, it may close the case but not solved, because the plaintiff will exhaust all efforts to solve the problem.
22. Dr. X had a professional wrong doing. He abused his exercise of duty. Under due process of law, Dr. X’s license was bond by PRC. Will there ever be a pardon that will validate gain his license?
- No
23. Can we question a court decision?
- Yes
24. A special child is at risk with himself and other people around him, is there a possibility that this child be jailed?
- Yes because of the law declaration of the rights of child, a child below is cannot be jailed however under Philippine law, DSWD was created to serve as a milder kind of jail where children held in their custody are detained inside.
Child In Need of Supervision – a child who is habitually absent from school or who abandoned his family or guardian in a manner that requires intervention by the court to protect the child’s welfare.
25. A Muslim marries another Muslim, can the partner seek a divorce?
- Yes
26. Do you think of the possibility of another separate filing of the case if the act of omission to sue another third party is based on the same original case filed?
- No
27. Do you think this expungement process applies to public figures when mainstream media has covered and exposed the details of records to be erased or deleted?
- Yes, it counts for two reasons:
a. so when you secure public records to your name, the record will not show up.
b. After your generations, your name is still clear
28. Do you think people with leprosy under law are incarcerated in Colon, Palawan?
- Yes because under the constitution, anything that will go against public health and safety is a violation of human rights. Hence, disease becomes a crime, specially the kind of disease is highly communicable to endanger the public.
29. Is it possible to sue a person in a court without an affidavit?
- Yes
30. Do you think cases in court during arraignments with a reply of “guilty but mentally ill will” win the court?
- Yes
31. Do you think there are exceptions of minors being jailed not in juvenile hall and DSWD but national penitentiaries? Can minors be jailed in regular jails behind heavy bars?
- Yes. Juvenile delinquency refers to criminal acts performed by juveniles (below 19 children). Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers.
Age of emancipation is now 18 years old as amended by RA 6809. A person 18 years old or over is considered emancipated from his parents or guardian and deemed to have acquired the capacity to do acts with legal effects. Thus, no other persons “can file a petition on his behalf” except when so authorized by him through instrument called a power of attorney.
32. Is there a possibility that a court commits a procedural error and must temporarily close the case for the litigant to start all over again?
- Yes because a court after finding out that it has committed some technical and procedural errors may at any time dismissed the case and start it all over again. This is called MISTRIAL.
33. Is “Not Guilty by Reason of Insanity” is applicable to civil cases where the defendant owes 1 Million to the complainant?
- No because “Not Guilty by Reason of Insanity” only applies to criminal cases and not in civil case. Because all indebtedness have to be paid of.
34. Mr. X is the defendant who is financially poor and no influence at all. Mr. Y the complainant and the influential and rich party. The case – murder condition: Mr. Y threatened Mr. X death of his family to tell a lie under oath (which will definitely incriminate death of his family). Will Mr. X be still held liable by the court for purgery though the lie was influenced by Mr. Y?
- Yes because he lied under oath in spite of the fact a his statement was influenced by the complainant and under threat.
35. Is there a possibility that a case was originally without a probable cause and was dismissed but later accepted to have its own merits?
- Yes because there could be a possibility that more complainants file the same case and this will definitely give merit to a case that was previously declined. (e.g. case of Emelda Baguio vs. Viccinage)
36. Does a court issue a warrant of arrest to a judicial person named (parse/the name itself) in the affidavit?
- No. Judicial person doesn’t have any physical body. But the arrest could be made to the same of trustees in corporant’s person responsible in creating the judicial personality of the company or corporation being sued.
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