Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
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against him asking for damages in the amount of P25‚000. The plaintiff corporation answered the counterclaim and opposed the petition for the inclusion of a third party litigant. Thereafter‚ plaintiff corporation filed a motion for judgment on the pleadings which petition was opposed by the defendants. Then‚ on October 9‚ 1952‚ the trial court rendered judgment whose dispositive part we reproduce below: EN VIRTUD DE TODO LO EXPUESTO‚ el Juzgado dicta sentencia de acuerdon con los escritos‚ condemnando
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ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER 3. Special Proceedings – remedy by which a party seeks to establish a status‚ a right‚ or a particular fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can‚ however‚ be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense
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CIVIL PROCEDURE RULE 1 GENERAL PROVISIONS Statutes regulating the procedure of courts will be construed as applicable to actions pending and undetermined at the time of their passage so long as vested rights will not be impaired. Under the 1987 Constitution‚ the rule-making power of the Supreme Court has the following limitations: 1. shall provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade‚ and 3
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Under the rule of joinder‚ where a plaintiff has two or more entirely separate claims emanating from separate transactions‚ he can sue on them in one action. CPLR section 4102(c) provides that a party has not waived his right to a trial by jury by joining a legal claim with another claim not triable by jury which arose out of a separate transaction. Thus‚ a plaintiff is entitled to a jury trial on its legal claims for relief when its equitable claims for relief arise out of an entirely separate
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REMEDIAL LAW 2013 BAR EXAMINATIONS COVERAGE 1. General Principles 1.1. Concept of remedial law 1.2. Substantive law vis-a-vis remedial law 1.3. Rule-making power of the Supreme Court 1.3.1 Limitations on the rule-making power of the Supreme Court 1.3.2. Power of the Supreme Court to amend and suspend procedural rules 1.4. Nature of Philippine courts 1.4.1. Meaning of a court 1.4.2. Court as distinguished from a judge 1.4.3. Classification of Philippine courts 1.4.4. Courts of original and
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whenever practicable and convenient When a Civil Action is Commenced (§5) 1. General Rule: The filing of the original complaint in court. 2. Except: If an additional defendant is impleaded in a later pleading‚ the action is commenced with regard to him on the date of the filing of such later pleading‚ irrespective of whether the motion for its admission‚ if necessary‚ is denied by the court. RULE 2 – Cause Of Action Cause of Action 1. Definition: the act or omission by which a party violates
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civil litigation occur in the courtroom. 2. The rules of civil procedure differ substantially from the rules of criminal procedure. 3. Rules and procedures of civil litigation are consistent from state to state. 4. In some states the initial pleading in a lawsuit is called a petition. 5. The most common method of resolving civil disputes is settlement. 6. Arbitration is a form of settlement. 7. Case law has little‚ if any‚ relevance to the law of civil procedure. 8. A litigation paralegal
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Mewar Textiles Mills Ltd. Vs Sita Ram Basanti Bai Jain Introduction The case we are discussing about is Mewar Textiles Mills Ltd. Vs sita ram basanti jain in which sita ram is an agent who was working for mewar textile mills Ltd. Which is the respondent of this case .in this particular case the plaintiff pleads that he has provided his services which are not being treated well . the plaintiff dispatches some wagons of coal as an agent to the textile mills at a price of 11936/78 paisa .
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17‚ 2011 Nontraditional and Traditional Litigation “Litigation is the bringing‚ maintaining‚ and defense of a lawsuit” (Cheeseman‚ 2010). There are two forms of litigation: traditional and nontraditional. The pretrial process is divided into pleadings‚ discovery‚ dismissals and pretrial judgments‚ and settlement conference. This is followed by the trial proceedings and appeals‚ if applicable. Nontraditional litigation includes ADR‚ alternative dispute resolution. “The most common form of ADR is
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