Practice Court

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Practice Court

I. THE COURTS, and the Criminal Justice System

A. Judicial Power:
1. To settle actual controversies involving rights which are legally demandable and
enforceable, and;
2. 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 or instrumentality of the
government.
B. Administration of Justice
1. Determination of relevant facts
2. Application of the law to the facts
C. Jurisdiction of Courts
1. MTC, RTC, CA, SC

Stages in life of a Civil Action

1. Issue-formulation; Exchange of Pleadings


a. Complaint
b. Answer
c. Counterclaim/cross-claim
d. Reply
e. Third-Party, Fourth-Party complaint
2. Pre-Trial
a. End case by compromise
b. Expedite disposition
3. Trial
a. Plaintiff’s evidence in chief
b. Defendant’s evidence in chief
c. Rebuttal
d. Arguments
4. Judgment
a. Motion for New Trial or Reconsideration
5. Appeals-Execution
a. Petition for relief
b. Action to Annul Judgment for Extrinsic Fraud

Stages in life of a Criminal Action

1. Initial Proceedings
a. Police investigation, Surveillance, Entrapment, search and seizure, warrantless
arrest, custodial investigation
2. Preliminary Investigation
a. By MTC Judge
b. By Public Prosecutor
3. Arraignment and Plea
a. Plea-Bargaining
b. Ways to Expedite Disposition
4. Trial (Generally same as in civil actions)
a. Rights of accused
5. Judgment
a. Motion for New Trial or Re consideration
6. Appeals-Execution

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