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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Marcos v Ruiz FACTS: * After conducting a preliminary investigation‚ Asst‚ Fiscal of Tagbilaran City filed to RTC Bohol 2 information against Marcos for violation of BP 22. * Marcos appeared during the scheduled arraignment but asked for resetting because his lawyer has just withdrawn from the case. The court granted his request. * Later‚ Marcos was able to settle his obligation with the complainants and the latter executed an Affidavit of Desistance. Because of that‚ Asst. City Fiscal filed a Motion
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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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AN OUTLINE OF BASIC PARLIAMENTARY PROCEDURE Prepared by Douglas N. Case Parliamentary Authority: Robert’s Rules of Order‚ Newly Revised‚ Tenth Edition‚ 2001. I. Rules Governing an Organization A. State and Federal Law - governing cor porations‚ tax-exempt organizations‚ public legislative bodies‚ etc. B. Articles of Incorporation - applicable to corporations C. Governing Documents of Parent Organizations - applicable to chapters‚ affiliates‚ etc. of larger organizations D. Local
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• What is the time frame for replying in your state? In light of the California Code of Civil Procedure‚ rule 412.20‚ a timely response to a summons and complaint would be 30 days after the date you were served the papers‚ to file a response or answer statement with the court. Although‚ if you were served by substituted service‚ then you will have an additional 10 days to file a response with the court‚ but it requires proof of service by the plaintiff that says that defendant was served by substituted
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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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characters‚ Mrs. Whipple and Jack‚ seem ashamed of their current lives and continually attempt to impress others. Mrs. Whipple constantly informs Mr. Whipple of the thoughts or ideas that people might have towards their simple-minded son‚ whereas Jack characterizes a materialistic and superficial person whose main goal is to impress others. Furthermore‚ both characters are extremely proud and overly self-conscious. In "He‚" Porter narrates the already mentioned excessive concern Mrs. Whipple has towards
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provisions of the Code of Civil Procedure‚ 1908. A proviso has been added to Order XVI‚ Rule 19‚ Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60 —General IX Y. 8‚ dated the 4th March‚ 1955). 2. Attendance of pardanashin ladies — Under Section 132 of the Code of Civil Procedure‚ 1908‚ women‚ who according to
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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. Under the 1987 Constitution‚ the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the
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