Case management Objective: The court has a duty to actively manage cases pursuant to rule 25(rule of civil procedure 2000)….. what is the overriding objective of managing cases? * (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly. * (2) Dealing with a case justly includes‚ so far as is practicable – * (a) ensuring that the parties are on an equal footing; * (b) saving expense; * (c) dealing with the case
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that interfere with another’s right to relief * Mass production version of Rule 19 * (2) When the same injunctive of declaratory relief is appropriate for all members of the class * Drafters had in mind civil rights claims * (3) When a common question of law or fact predominates & a class action is the superior method of resolution * Most controversial; comprises all class actions not within the preceding subsections…includes
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competent to try the subsequent suit in which such issue has been raised. The principle of res judicata is based on the need to give finality and certainty to judicial decisions. RES JUDICATA AS DEFINED UNDER CODE OF CIVIL PROCEDURE‚ 1908 Section 11 of the Code of Civil Procedure embodies the doctrine of res judicata or the rule of conclusiveness of a judgement‚ as to the points decided either of fact‚ or of law‚ or of fact and law‚ in every subsequent suit between the same parties. It enacts that
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discussed in class is covered in the midterm. CIVIL LITIGATION CHAPTER 1 True/False 1. Most aspects of 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
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Motions to dismiss and motions for summary judgment are similar‚ however‚ the motions are fundamentally different. A motion for summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure. It is typically filed after the parties have completed the discovery phase‚ because a summary judgment motion commonly includes information from the complaint and answer‚ and from interrogatories‚ and depositions. Also‚ under a motion for summary judgment‚ it is the judge’s role to determine
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courts and these High Courts had analogous power to issue writs as successor to the Supreme Court. The other courts which were established subsequently did not enjoy this power. The writ jurisdiction of these courts was limited to their original civil jurisdiction which they enjoyed under section 45 of the Specific Relief Act‚ 1877. The makers of the Constitution have adopted the English remedies in the Constitution under Articles 32 and 226. There has been specifically
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decision. Issues: Whether or not the Court erred in stating that the document in question was protected as attorney work product and was it proper for the court to disqualify the plaintiff’s legal team? Rules: California Code of Civil Procedure Section 2018.030 (a) A writing that reflects an attorney’s impressions‚ conclusions‚ opinions‚ or legal research or theories is not discoverable under any
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“ADMINISTRATIVE TRIBUNALS OF INDIA” A Study in the light of decided cases Abhishek Kumar Jha National University of Study and Research in Law‚ Ranchi INTRODUCTION Welfare nature of government is the evolutionary goal of probably every kind of government these days in this contemporary world. There has been a phenomenal increase in the functions of the government‚ which has lent enormous powers to the executive and also led to increase in the legislative output. This has led to more litigation
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simple procedure makes it easy for everyone. According to former Court Administrator‚ now Supreme Court Associate Justice Jose P. Perez‚ 70% of cases before Metropolitan Trial Courts in Metro Manila are small claims (involving small amounts of money) and many of the litigants in these cases are poor. The same thing is true‚ if not more prevalent‚ in the provinces and rural areas of the Philippines. To easily dispose of small claims‚ the Philippine Supreme Court promulgated the Rule of Procedure for
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PACIENCIA MARIANO‚ respondents. D E C I S I O N HERMOSISIMA‚ JR.‚ J.: The intricate yet timeworn issue of prescription has come to the fore in this case. Which prescriptive period for actions for annulment should prevail‚ Art. 1391 of the New Civil Code which limits the filing of actions to four (4) years or Art. 1144 of the same Code which limits the period of the filing of actions on certain grounds to ten years? Likewise‚ at issue is whether or not there was a double sale to a party or parties
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