"Civil procedure" Essays and Research Papers

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  • civil procedure:

    EXECUTION OF DECREES OR ORDERS: Execution is the process of realizing the fruits of the judgment by enforcing the decree against the unsuccessful party through any one or more of various modes of execution as prescribed by law. The successful party is called a decree holder or judgment creditor while an unsuccessful party is called a judgment debtor. A decree is executed by the court which passes it or by court which the decree is sent by former execution. The court that passes the decree is entitled

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  • Civil Procedure

    CIVIL PROCEDURE Rules 1 – 71   I.      GENERAL PRINCIPLES   Concept of Remedial Law Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion  Substantive Law as Distinguished from Remedial Law Substantive law creates‚ defines and regulates rights and duties regarding life‚ liberty or property which when violated gives rise to a cause of action (Bustos v. Lucero‚ 81 Phil. 640). Remedial law prescribes the methods of enforcing

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  • Civil Procedures in Zimbabwe

    1 ADVANCED CIVIL PROCEDURE (SUPERIOR COURTS) LL.B.(HONS) PART 3 (2010) SYLLABUS The Procedure of the High Court and Supreme Courts of Zimbabwe contained in: High Court of Zimbabwe Act‚ Chapter 7.06 (formerly No. 29/1981) High Court Rules‚ ZGN. No. 1047/71 and Supreme Court of Zimbabwe Act‚ Chapter 7.13 (formerly No. 28/1981) Supreme Court Rules‚ RGN. No. 380/1964 THE PROCEDURE OF THE HIGH COURT JURISDICTION (E.S.) General principles Claims sounding in money Claims relating to property Matrimonial

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  • Indonesian Civil Procedure

    CIVIL PROCEDURE PROCESS IN INDONESIA a. Executive Summary Indonesian is not the signatory of the Haque Convention. Indonesian Civil Procedure guidance is based on two regulations‚ which were adopted from the Dutch Colonial system‚ which are Herziene Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg.). Furthermore‚ based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained

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  • Civil & Criminal Procedure

    CIVIL Procedure The Code of Civil Procedure‚ 1908 in essence provides the sequential steps that a person desirous of filing suit in a civil court has to follow. 1.Filing Of Suit / Plaint 2.Vakalatnama 3.Court Fees 4.How Proceedings Are Conducted 5.Written Statement 6.Replication By Plaintiff 7.Filing Of Other Documents 8.Framing Of Issues/ List Of Witness 9.Final Hearing 10.Appeal‚ Reference And Review FILING OF SUIT / PLAINT: The plaint has to be filed within the time limit prescribed

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  • Federal Civil Procedure

    I. Personal Jurisdiction – in what state can the P sue the D? a. Two step-analysis i. Satisfy a statute AND ii. Satisfy the constitution (due process) b. In Personam Jurisdiction – jurisdiction over person‚ not property‚ b/c of some contact b/t D and forum state i. Statutory Analysis 1. Every state has statutes allowing jurisdiction based on domicile‚ presence instate when served w/ process‚ and consent (implied or

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  • Civil Procedure Reviewer

    CIVIL PROCEDURE 3. Rule 1 – General Provisions Civil Action - One by which a party sues another for the enforcement or protection of a right‚ or the prevention or redress of a wrong. It may either be ordinary or special. (§3(a)) Criminal Action - One by which the State prosecutes a person for an act or omission punishable by law (§3(b)) Special Proceeding - A remedy by which a party seeks to establish a status‚ a right‚ or a particular fact (§3(c)) Instances where the Rules of Court

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  • Civil Procedure Outline

    Civil Procedure Outline I. Personal Jx- in what states can the π sue the Δ. a. In personam- pwr over the person. General jx- the Δ can be sued in that state for a claim that arose anywhere in the world. Specific jx- the Δ is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The Δ is served with process in the forum- presence- general jx 2. Service on the Δ agent in

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  • Civil Procedure and Advise Employee Issue

    htnksdf’SDFGfdgfdga htnksdf’SDFGfdgfdga ADVISE EMPLOYEE Issue Solution htnksdf’SDFGfdgfdga ADVISE EMPLOYEE Issue Solution htnksdf’SDFGfdgfdga ADVISE EMPLOYEE Issue SolutionQuestion 1.1 SERVICE - Personal service o R6.02 An originating process shall be served personally on each defendant o R6.03 Personal service is effected by leaving a copy of the writ with the Defendant or putting it down in their presence if they do

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  • Outline: Civil Procedure

    Civil Procedure Spaulding‚ fall 2009 |5th Amendment | |No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in | |cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in time of War or public danger; nor shall any person be | |subject for the

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