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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 particular regulatory 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 also describe 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 DUE PROCESS 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 judicial proceedings 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 persons affected by the hearing. Ex parte judicial proceedings are usually reserved for urgent matters where requiring notice would 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 Order from 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 whereas Veronica 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 Order preventing Reggie from felling the tree. She will have to show the judge that she had no reasonable opportunity to provide Reggie with formal 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 parte proceedings 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 presence of 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 follows the 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 or Petition of Williams). In some jurisdictions, ex parte has been 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.

DEREGULATION. The removal of government controls 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 significant change 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 GEORGE W. 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 herself through 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 by the Philippine Constitution, is the countrys independent economic development 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 Cabinet members, 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

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 AND MAINTENANCE 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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