lex vocabulary

8/3/2019 Lex Vocabulary

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LEX VOCABULARY

The doctrine of primary jurisdiction applies where a claim can originally

be addressed in a court but would be better addressed first by an

administrative body[i]. It is concerned with promoting proper relationships

between the courts and administrative agencies charged with particularregulatory duties. It applies to claims that contain some issue within the

special competence of an administrative agency. Thus, under the primary

jurisdiction doctrine, courts, even though they could decide, will in fact not

decide a controversy involving a question within the jurisdiction of an

administrative tribunal until after that tribunal has rendered its decision.

An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may alsodescribe contact with a person represented by an attorney, outside the presence of the attorney.

The term ex parte is used in a case name to signify that the suit was brought by the person whose

name follows the term.

"No person shall be deprived of life, liberty, or property, without DUEPROCESS of law." A

bedrock feature of due process is fair notice to parties who may be affected by legal proceedings.

An ex parte judicial proceeding, conducted without notice to, and outside the presence of,

affected parties, would appear to violate the Constitution. However, adequate notice of judicialproceedings to concerned parties may at times work irreparable harm to one or more of those

parties. In such a case, the threatened party or parties may receive an ex parte court hearing to

request temporary judicial relief without notice to, and outside the presence of, other personsaffected by the hearing.

Ex parte judicial proceedings are usually reserved for urgent matters where requiring noticewould subject one party to irreparable harm. For example, a person suffering abuse at the hands

of a spouse or significant other may seek ex parte a Temporary Restraining Orderfrom a court,directing the alleged abuser to stay away from him or her. Ex parte judicial proceedings are also

used to stop irreparable injury to property. For example, if two neighbors, Reggie and Veronica,

disagree over whose property a tree stands on, and Reggie wants to cut down the tree whereasVeronica wants to save it, Veronica can seek an ex parte hearing before a judge. At the hearing,

she will ask the judge for a temporary Restraining Orderpreventing Reggie from felling the tree.

She will have to show the judge that she had no reasonable opportunity to provide Reggie withformal notice of the hearing, and that she might win the case. The court will then balance the

potential hardships to Reggie and Veronica, in considering whether to grant Veronica's request.

A court order from an ex parte hearing is swiftly followed by a full hearing between the

interested parties to the dispute. State and federal legislatures maintain laws allowing ex parteproceedings because such hearings balance the right to notice against the right to use the legal

system to avert imminent and irreparable harm. Far from violating the Constitution, the ex parte

proceeding is a lasting illustration of the elasticity of due process.

Ex parte contact occurs when an attorney communicates with another party outside the presenceof that party's attorney. Ex parte contact also describes a judge who communicates with one party

to a lawsuit to the exclusion of the other party or parties, or a judge who initiates discussions

about a case with disinterested third parties.

In a case name, ex parte signifies that the suit was initiated by the person whose name followsthe term. For example,Ex parte Williams means that the case was brought on Williams's request

alone. Many jurisdictions have abandoned ex parte in case names, preferring English over Latin

terms (e.g.,Application of Williams orPetition of Williams). In some jurisdictions, ex parte hasbeen replaced by in re, which means "in the matter of" (e.g.,In re Williams). However, most

jurisdictions reserve the term in re for proceedings concerning property.
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DEREGULATION. The removal ofgovernmentcontrols from an industry or

sector, to allow for a free and efficient marketplace.

In 1978, the airline industry, which had been heavily regulated and

controlled, was liberated from government oversight and released to the

vagaries of the marketplace. As a result, the industry underwent significantchange during the 1980s and 1990s. At the same time, several major air

disasters took place, including the 1996 Valujet and TWA 800 aircraft

crashes. In response to the post-accident events, Congress passed the

Aviation Disaster Family Assistance Act (ADFAA) the same year. The terrorist

attacks of September 11, 2001, wrought further change on the airline

industry. Just weeks after the attacks, President GEORGEW. BUSH signed the Air

Transportation Safety and System Stabilization Act (ATSSSA). According to a

statement released by President Bush on September 22, 2001, the act was

intended to ensure passenger safety and to "assure the safety and

immediate stability of the nation's commercial airline system." It also created

financial turmoil for nearly all the major carriers. What followed was a period

of evolution and metamorphosis that changed the nature of flying forever.

The immediate effect of deregulation was a drop in fares and an increase in

passengers.

POLICY. course of action: a program of actions adopted by a person,group, or government, or the set of principles on which they are based

THRUST. To force into a specified condition or situation: She thrust herselfthrough the crowd. He was thrust into a position of awesome responsibility.

ADULTERATION. To make impure by adding extraneous, improper, or inferior

ingredients.

EX OFFICIO.by right of position or office.

The NEDA is the Philippines' social and economic development

planning and policy coordinating body.

The National Economic and Development Authority (NEDA), as mandated bythe Philippine Constitution, is the countrys independent economicdevelopment and planning agency. It is headed by the President as

chairman of the NEDA board, with the Secretary of Socio-Economic Planning,

concurrently NEDA Director-General, as vice-chairman. Several Cabinetmembers, the Central Bank Governor, ARMM and ULAP are likewise

members of the NEDA Board.

Build-transfer-and-operate. - A contractual arrangement whereby

the public sector contracts out the building of an infrastructure

facility to a private entity such that the contractor builds the facility

on a turn-key basis, assuming cost overrun, delay and specified

performance risks.

TURN- KEY. Of or pertaining to a building, complex device,

system, or

industrial installation which is sold by a contractor only

after it is ready for immediate occupation or use; fully
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functional and ready for use; -- used of complex systems of

a

type which often require preparation or installation by the

user before being capable of functioning as intended;

REPUBLIC ACT NO. 7718

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 6957,

ENTITLED "AN ACT AUTHORIZING THE FINANCING, CONSTRUCTION,

OPERATION AND MAINTENANCE OF INFRASTRUCTURE PROJECTS BY THE

PRIVATE SECTOR, AND FOR OTHER PURPOSES

Approved: 8 MAY 1994

Republic Act No. 6957 July 9, 1990

AN ACT AUTHORIZING THE FINANCING, CONSTRUCTION, OPERATION ANDMAINTENANCE OF INFRASTRUCTURE PROJECTS BY THE PRIVATE SECTOR,

AND FOR THE OTHER PURPOSES

subsidy - a grant paid by a government to an enterprise that benefits the

public. (Economics) a financial aid supplied by a government, as to industry,

for reasons of public welfare

Privatization is the transfer of ownership from the public sector (government) to the private

sector (business)

Using means other than nuclear weapons or energy: conventional warfare; conventional power

plants.

INUTILE. having no beneficial use or incapable of functioning usefull

CONTROVERT. To raise arguments against; voice opposition to.

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