Mid-Term Exam Remedial Law
Mid-Term Exam
1.
Distinguish Cause of action from action
SUGGESTED ANSWER:
A CAUSE OF ACTION is an act or omission of one party in violation of the legal right or rights of the other
(Maao Sugar Central vs. Barrios, 79 Phil. 606; Sec. 2 of new Rule 2), causing damage to another. An ACTION is an ordinary suit in a court of Justice by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong.(Section 1 of former Rule 2).
2.
What is the concept of remedial law?
SUGGESTED ANSWER:
The concept of Remedial Law lies at the very core of procedural due process, which means a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial, and contemplates an opportunity to be heard before judgment is rendered (Albert v. University Publishing, G.R. No. L-19118, January 30, 1965). Remedial
Law is that branch of law which prescribes the method of enforcing the rights or obtaining redress for their invasion (Bustos v. Lucero, G.R. No. L-2068, October 20, 1948; First Lepanto Ceramics, Inc. v. CA, G.R. No.
110571, March 10, 1994).
3.
How shall the Rules of Court be construed?
SUGGESTED ANSWER:
The Rules of Court should be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1 1997 Rules of Civil Procedure.)
ADDITIONAL ANSWER:
However, strict observance of the rules is an imperative necessity when they are considered indispensable to the prevention of needless delays and to the orderly and speedy dispatch of Judicial business. (Alvero vs. Judge de la
Rosa, 76 Phil. 428)
4.
Distinguish between substantive law and remedial law.
SUGGESTED ANSWER:
SUBSTANTIVE LAW is that part of the law which creates, defines and regulates rights concerning life, liberty, or property, or the powers of agencies or instrumentalities for the
1.
Distinguish Cause of action from action
SUGGESTED ANSWER:
A CAUSE OF ACTION is an act or omission of one party in violation of the legal right or rights of the other
(Maao Sugar Central vs. Barrios, 79 Phil. 606; Sec. 2 of new Rule 2), causing damage to another. An ACTION is an ordinary suit in a court of Justice by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong.(Section 1 of former Rule 2).
2.
What is the concept of remedial law?
SUGGESTED ANSWER:
The concept of Remedial Law lies at the very core of procedural due process, which means a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial, and contemplates an opportunity to be heard before judgment is rendered (Albert v. University Publishing, G.R. No. L-19118, January 30, 1965). Remedial
Law is that branch of law which prescribes the method of enforcing the rights or obtaining redress for their invasion (Bustos v. Lucero, G.R. No. L-2068, October 20, 1948; First Lepanto Ceramics, Inc. v. CA, G.R. No.
110571, March 10, 1994).
3.
How shall the Rules of Court be construed?
SUGGESTED ANSWER:
The Rules of Court should be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1 1997 Rules of Civil Procedure.)
ADDITIONAL ANSWER:
However, strict observance of the rules is an imperative necessity when they are considered indispensable to the prevention of needless delays and to the orderly and speedy dispatch of Judicial business. (Alvero vs. Judge de la
Rosa, 76 Phil. 428)
4.
Distinguish between substantive law and remedial law.
SUGGESTED ANSWER:
SUBSTANTIVE LAW is that part of the law which creates, defines and regulates rights concerning life, liberty, or property, or the powers of agencies or instrumentalities for the