Outline in Jurisprudence

Only available on StudyMode
  • Download(s) : 32
  • Published : May 29, 2011
Open Document
Text Preview

Preponderance of evidence
- Required only in civil cases
- Not the same as proof beyond reasonable doubt which is required for criminal cases - Evidence which is more convincing to the court as worthy of belief than that offered in opposition thereto

Beyond reasonable doubt
- Required in criminal cases
- Innocent until proven guilty
- Evidence which produces conviction in an unprejudiced mind - Does not mean such degree of proof as excluding the possibility of error, produces absolute certainty. - Rather, moral certainty is only required

Administrative cases
- Mere substantial evidence

Doctrine of res ipsa loquitur
- Latin: The thing or the transaction speaks for itself
- Can be applied with the doctrine of common knowledge
- The courts determine whether a certain set of circumstances does, as a matter of law, permit a given interference - Test whether common knowledge and experience teach that with exercise of due care, the incident would not have occurred

Doctrine of damnun absque injuria
- Although there was physical damage, there was no legal injury - Even if there is damage, the circumstances does not entitle him to claim legal injury

- Covered by the Revised penal code
- Branch or division of public law which defines crimes, treats of their nature and provides for their punishment

- They are acts ( doing an act) or omission ( not doing an act required in the statute) punishable by law - Usually punishable by the revised penal code ( RPC)
- They are committed by means of :
a. Deceit or dolo
• When the act is performed with deliberate intent
b. Fault or culpa
• When the wrongful act results from imprudence, negligence, lack of foresight or lack of skill


According to Manner or mode of execution
a. Intentional felonies – committed by means of deceit or malice b. Culpable felonies- where the wrongful act results from imprudence, negligence, lack of foresight or lack of skill

According to stage of execution
a. Consummated –
• all elements necessary for its execution and accomplishment are present b. Frustrated-
• when the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator c. attempted –

• when the offender commences the commission of a felony directly by overt acts , and does not perform all the acts of execution which should produce the felony by reason of some cause of accident other than his own spontaneous desistance

According to gravity
a. grave felonies
• those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive in accordance with art 25 of the RPC b. less grave felonies
• the law punishes with penalties which in their maximum period are correctional c. light felonies
• those infractions of law for the commission of which the penalty or arresto menor or a fine not exceeding 200 pesos or both is provided


Mala in se
- are crimes which are wrong from their nature
- rape, murder, theft etc
- inherently immoral or wrong
- these crimes are usually embodied in the RPC (revised penal code)

Mala prohibita
- merely wrong becase they are prohibited by statute
- illegal possession of firearms

Nullum crimen, nulla poena sine praevia lege poenali (Latin, lit. "No crime, no punishment without a previous penal law") - this basic legal principle has been incorporated into international criminal law. It thus prohibits the creation of ex post facto laws to the disadvantage of the defendant - The maxim states that there can be no crime committed, and no punishment meted...
tracking img