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5 Cards in this Set
- Front
- Back
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Differentiate Venue from Jurisdiction
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Venue:
1) Particular country or geographical area which the court may hear or determine a case (place of trial) 2) Procedural 3) May be waived in civil cases Jurisdiction: 1) Power of the court to decide a case on merits 2) Substantive 3) Granted by law or the constitution and can't be waived |
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Elements of Criminal Jurisdiction
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1) Nature of the offense and the penalty attached thereto
2) Fact that the offense has been committed within the territorial jurisdiction of the court |
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Requisites for a valid exercise of criminal jurisdiction
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Jurisdiction over the
1) Person 2) Subject Matter 3) Territory |
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Elements of the jurisdiction over the subject matter
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1) Nature of the offense
2) Authority of the court to impose the penalty imposable given in the information 3) Territorial jurisdiction of the court imposing the penalty |
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Jurisdiction of the MTC
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1) Exclusive jurisdiction over all violations of city and municipal ordinances committed within their respective territorial jurisdiction
2) Exclusive jurisdiction over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine 3) Damage to property through criminal negligence 4) Only penalty is a fine not exceeding P 4,000 |
