Documente Academic
Documente Profesional
Documente Cultură
PROCEDURE
Question
and
Answers1
7.
Q:
What
are
the
distinctions
between
civil,
criminal,
and
special
proceedings?
A:
1.
Q:
What
is
Remedial
Law?
Civil
Criminal
Special
A:
Remedial
law
is
that
branch
of
law
which
Action
Action
Proceeding
prescribes
the
method
of
enforcing
the
One
by
One
by
A
remedy
by
rights
or
obtaining
redress
for
their
which
a
which
the
which
a
party
invasions.
party
State
seeks
to
prosecutes
a
establish
a
2.
Q:
What
is
the
nature
of
Remedial
law?
person
for
status,
right,
A:
It
is
a
procedural
law.
It
has
force
and
an
act
or
or
a
particular
effect
of
a
law.
omission
fact.
punishable
3.
Q:
What
are
the
distinctions
between
by
law
substantive
and
procedural
law?
Rules
1-‐71
Rules
110-‐ Rules
72-‐109
A:
127
SUBSTANTIVE
PROCEDURAL
Creates,
Prescribes
the
8.
What
are
the
sources
of
Rules
of
Civil
defines,
and
rules
and
Procedure
regulates
forms
of
A:
rights
procedure
in
the
9.
What
are
the
constitutional
provisions
administration
relating
to
Civil
Procedure?
of
justice
A:
Cannot
be
Can
be
waived
Judicial
Power
waived
Section
5,
Article
VIII
of
the
1987
4.
Q:
Can
congress
promulgate
remedial
Constitution
laws?
Basis.
A:
No.
The
Supreme
Court
has
the
sole
“Judicial
power
shall
be
vested
in
one
power
to
amend,
repeal
or
even
establish
Supreme
Court
and
in
such
lower
courts
as
new
rules
for
a
more
simplified
and
may
be
established
by
law.
inexpensive
process,
and
the
speedy
disposition
of
cases.
Judicial
power
includes
the
duty
of
Basis:
Neypes
vs.
CA
the
courts
of
justice
to
settle
actual
controversies
involving
rights
which
are
5.
Q:
What
are
the
4
main
divisions
of
legally
demandable
and
enforceable,
and
to
remedial
law?
determine
whether
or
not
there
has
been
A:
The
4
main
divisions
of
remedial
law
are
grave
abuse
of
discretion
amounting
to
lack
or
as
follows:
excess
of
jurisdiction
on
the
part
of
any
-‐
Ordinary
Civil
Actions
branch
or
instrumentality
of
the
-‐
Special
Civil
Actions
Government.”
-‐
Criminal
Actions
-‐
Special
Proceedings
Due
Process
of
Law
and
Equal
Protection
of
the
Laws
6.
Q:
What
are
the
3
main
divisions
of
Civil
Procedure?
Section
1,
Article
III
of
the
1987
A:
Constitution
-‐
Ordinary
Civil
Actions
(Rules
1-‐56)
-‐
Special
Civil
Actions
(Rules
57-‐61)
“No
person
shall
be
deprived
of
life,
-‐
Actions
under
Rules
on
Summary
liberty,
or
property
without
due
process
of
Procedure
(Rules
62-‐71)
1
Based
on
Dean
Tan’s
Class
Recitation