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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Movies that are "based on actual events" are usually not the same as the real events upon which they are based. "A Civil Action" is one of these movies. The basic points covered in the movie are the same. However there were some key elements from the trial left out of the movie. These elements were some of the crucial errors made by Schlichtmann that led to him losing the case. The basic main events are the same as they were portrayed in the movie. The trial did last for 78 days in which the verdict
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Civil law study guide Chapter 1 1. Why does the study of law involve more than simply memorizing rules? simply memorizing the holding or "rule" of a case‚ you must be able to identify the particular factors that led the court to decide the case the way it did‚ and then determine whether those same factors are present in the case you’re now considering. 2. What is legal reasoning? The applying of the legal rules to a client’s specific factual situation 3. What is the doctrine of stare decisis
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Civil disobedience is a mechanism of amendment in the United States‚ in which peaceful resistance fosters social amelioration and promotes political involvement‚ ultimately enhancing the democratic values of a free society. Under the Social Contract Theory‚ free nations are designed to employ governments that protect the natural rights of citizens: life‚ liberty‚ and the pursuit of happiness. Thus‚ these nations are called to create “government[s] of the people‚ by the people‚ for the people
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When students learn about the Civil Right Movement in history class‚ they know it as an event that took place in the 1950’s and 1960’s that involves Black people and their organizations pressuring the government for change with famous male leaders Martin Luther King Jr. and Malcolm X. But what about women‚ where were they when of this happened? Were they non-existent and inactive? No‚ but history books fail to mention them and their roles in the fight for freedom as crucial to many aspects of the
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The Civil Rights & Gay Rights Movements “History matters because it repeats itself. If we understand the past‚ we will have a better understanding of what is yet to come.” Any student taking a history class has probably had this statement pounded into their brain. However‚ many wonder how much truth really lies within these words. Comparing the Civil Rights Movement to the Gay Rights Movement proves that this statement contains truth. Although there are a few differences between these movements‚
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The “freedom” that our founding fathers promoted is practically obsolete. In a time when this precious ideal is more commonly associated with the promotion of personal preference at the expense of others than with liberty‚ it is easy to imagine “freedom” being buried in the race to advocate personal and political agendas. We could be looking at the day freedom is lost‚ replaced by a warped imposter that our founding fathers would hardly recognize. Freedom is on the brink of extinction. And yet‚
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Civil Disobedience Based on the writings of Henry David Thoreau it is very relevant that he is very opposed to government involvement of any kind. He doesn’t believe that the government should be involved in everyday life. Thoreau doesn’t understand the point of having a government system that will be useful to everyone and not just a select few. Thoreau proceeds to explain his many reasons as to why the “government is best [when it] governs [the] least.” He thought people should stand up to the
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Throughout history‚ civil disobedience has been the catalyst for change. Societies who have had oppressed people used civil disobedience to bring attention to the injustices they have suffered. Peaceful resistance to laws positively impacts a free society because it is plays on the conscience of the oppressors and makes it easy for people to stand up for their own rights. Martin Luther King Jr. is a prime example as to why peaceful resistance to laws has a positive effect on a free society. King
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Michael Thomas Dr. Khuta English 122 18 February 2015 The Impact “Civil Disobedience” had on Civil Right Leaders The American government never thought their people would ever go against the laws they thought were fair and civil. As far back to the mid 1800’s society has always showed signs of being civil and disobedient at the same time. Until Henry David Thoreau came into the mix with a dislike of having to pay taxes on something he did not believe in. Henry knew his rights as an American
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