Remedial Law

LM NOTES:
Remedial LAW
REMEDIAL LAW- the part of the law that details the methods for enforcing your rights.
PARTS OF THE RULES OF COURT-
1. Civil Procedure
2. Special Proceedings
3. Criminal Procedure
4. Evidence
5. Legal Ethics
Jurisdiction- the official power to make legal decisions and judgments
exclusive Jurisdiction- refers to power of a court to adjudicate a case to the exclusion of all other courts.
It is the sole forum for determination of a particular type of case. For example, the U.S. district courts
have exclusive jurisdiction on bankruptcy matters [28 USCS § 1334].
concurrent Jurisdiction - is the ability to exercise judicial review by different courts at the same time,
within the same territory, and over the same subject matter. For instance, a domestic violence matter
may be heard in either a general civil court or a family court in the same county. Whichever court
actually exercises its jurisdiction first will do so exclusively.
original jurisdiction-The authority of a particular court to hear a case for the first time.
example: For example, in California, the state Superior Courts hear all types of cases, but each must be
heard in the appropriate specialized division.
APPELLATE JURISDICTION -refers to a higher court's power to review, revise, overturn or affirm decisions
made by lower courts, according to USLegal. Most of the time, appellate courts simply review cases to
ensure no errors were made. The appellate process begins when one of the parties in a case files an
appeal and states the grounds for the appeal.
EX: appellate courts are simply those courts that hear appeals from decisions of lower courts, or that
hear petitions for review of agency decisions
CIVIL PROCEDURE- consists of the rules by which courts conduct civil trials. "Civil trials" concern the
judicial resolution of claims by one individual or class against another and are to be distinguished from
"criminal trials," in which the state prosecutes an individual for violation of criminal law.
STAGES OF A CIVIL ACTION-
6. PREPARING FOR A CASE
7. FILING of COMPLAINT
8. PRE-TRIAL
9. TRIAL
10. JUDGEMENT
11. APPEAL
12. Execution
CRIMINAL PROCEDURE- is the laws and rules governing the mechanisms under which crimes are
investigated, prosecuted, adjudicated, and punished. It gives in detail the procedure that is to be
followed beginning with the initial investigation of the crime and concluding with the acquittal or
imposition of punishment pursuant to conviction.
STAGES OF A CRIMINAL ACTION-
Arrest
Criminal prosecution typically begins with an arrest by a police officer. A police officer may arrest a
person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to
believe that a crime has been committed by that person; or (3) the officer makes the arrest under the
authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police
complete the booking process, they place the suspect in custody. If the suspect commited a minor
offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date.
Bail
If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a
release. Release on bail is contingent on the suspect's promise to appear at all scheduled court
proceedings. Bail may be granted to a suspect immediately after booking or at a later bail review
hearing. Alternatively, a suspect may be released on his "own recognizance." A suspect released on his
own recognizance need not post bail, but must promise in writing to appear at all scheduled court
appearances. Own recognizance release is granted after the court considers the seriousness of the
offense, and the suspect's criminal record, threat to the community and ties to family and employment.
Arraignment
The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads
the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty,"
"not guilty" or "no contest" to those charges. The judge will also review the defendant's bail and set
dates for future proceedings.
Preliminary Hearing or Grand Jury Proceedings
The government generally brings criminal charges in one of two ways: by a "bill of information" secured
by a preliminary hearing or by grand jury indictment. In the federal system, cases must be brought by
indictment. States, however, are free to use either process. Both preliminary hearings and grand juries
are used to establish the existence of probable cause. If there is no finding of probable cause, a
defendant will not be forced to stand trial.
A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel

questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of
probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury may
call their own witnesses and request that further investigations be performed. The grand jury then
decides whether sufficient evidence has been presented to indict the defendant.
Pre-Trial Motions
Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues
and establish what evidence and testimony will be admissible at trial.
Trial
At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the
burden of proof in a criminal trial. Thus, the prosecutor must prove beyond a reasonable doubt that the
defendant committed the crimes charged. The defendant has a constitutional right to a jury trial in most
criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to
opening and closing statements, examination and cross-examination of witnesses and jury instructions. If
the jury fails to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be
dismissed or a new jury will be chosen. If a judge or jury finds the defendant guilty, the court will
sentence the defendant.
Sentencing
During the sentencing phase of a criminal case, the court determines the appropriate punishment for
the convicted defendant. In determining a suitable sentence, the court will consider a number of factors,
including the nature and severity of the crime, the defendant's criminal history, the defendant's personal
circumstances and the degree of remorse felt by the defendant.
Appeal
An individual convicted of a crime may ask that his or her case be reviewed by a higher court. If that
court finds an error in the case or the sentence imposed, the court may reverse the conviction or find
that the case should be re-tried.
EVIDENCE-the available body of facts or information indicating whether a belief or proposition is true or
valid:
PURPOSE OF EVIDENCE- EVIDENCE is the “Key” which a court needs to render a decision. Without
evidence there can be no proof. Evidence provides the court with information. Proving facts through the
presentation of evidence means convincing court to accept a particular version of events. Of course, one
can search truth even trough violating the constitutional rights of the parties. However, evidences
obtained through unlawful means could not contribute for the maintenance of justice in the future. So
the process of proof should be regulated by evidentiary rules and principles in order to achieve
accelerated, fair and economic Justice

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LM NOTES:

PARTS OF THE RULES OF COURT-

Jurisdiction- the official power to make legal decisions and judgments

STAGES OF A CIVIL ACTION-

6. PREPARING FOR A CASE

STAGES OF A CRIMINAL ACTION-

Preliminary Hearing or Grand Jury Proceedings

A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel

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