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CIVPRO > GENERAL PRINCIPLES > Flashcards

GENERAL PRINCIPLES Flashcards

1
Q

PROCEDURE IN GENERAL

A

The means whereby the court reaches out to restore rights and remedy wrongs, and includes every step which may be taken from beginning to the end of a case.

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2
Q

Civil procedure

A

Criminal procedure

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3
Q

Formal procedure

A

requires a set and definite process to be observed in order that the remedy can issue

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4
Q

Summary procedure

A

where remedy sought is granted without delay, and without the necessity of observing the procedure fixed for ordinary cases.

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5
Q

Are action and suit synonmous?

A

Yes

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6
Q

Substantive law

A

The law that creates, defines regulates and extinguishes rights and obligations

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7
Q

Remedial law

A

T​​he law that provides the procedure or remedy for enforcement of rights and obligations through the courts of justice.

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8
Q

What is the rule-making power of the Supreme Court

A

SC has constitutional power to promulgate rules concerning pleading, practice, and procedure in all courts.

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9
Q

Limitations on the rule-making power of the Supreme Court

A

1) The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases
2) The rules shall be uniform for all courts of the same grade, and (don’t forget to say same grade)
3) The rules shall not diminish, increase, or modify substantive rights

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10
Q

Substantive rule (not law)

A

if it takes away a vested right, or creates a right.

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11
Q

Procedural rule

A

if it operates as a means of implementing an existing right

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12
Q

Example from book for substantive rules.

A

Right to appeal

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13
Q

Does the SC have the power to amend and suspend procedural rules?

A

Yes

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14
Q

T or F. The SC cannot exempt a case from the operation of it rules.

A

F

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15
Q

Court

A

A tribunal with the authority to adjudicate legal disputes between parties and carry out the admin­istration of justice in civil, criminal, and administrative matters in accordance with the rule of law.

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16
Q

Judiciary

A

System of courts that interpret and apply the law.

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17
Q

Judge

A

Person who presides over court proceedings, either alone or as part of a panel of judges.

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18
Q

Some requirements for a judge.

A

Impartial, must conduct the trial in an open court, hear all witnesses, etc.

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19
Q

Regular Courts

A

Authorized to engage in the general administration of justice; derive their powers from the Constitution.

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20
Q

What are the regular courts?

A

Supreme Court
Court of Appeals
Regional Trial Court
Municipal Trial Court

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21
Q

Special Courts

A

Have limited jurisdiction over certain types of cases; can only hear cases

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22
Q

How are special courts created?

A

Special law

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23
Q

What are the special courts?

A

Sandiganbayan
Court of Tax Appeals
Shari’a Court

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24
Q

Quasi-Judicial Agencies

A

Administrative agencies that exercise adjudicatory powers.

25
Q

What is a court of original jurisdiction?

A

One where a case is originally commenced

26
Q

What are these courts of original jurisdiction?

A

Municipal Trial Court
Regional Trial Court
Court of Appeals
Supreme Court

27
Q

What is a court of appellate jurisdiction?

A

One which has power or review over the decisions

28
Q

What are the court of appellate jurisdiction ?

A

Regional Trial Court
Court of Appeals
Supreme Court

29
Q

What are courts of general jurisdiction?

A

Courts which take cognizance of all kinds of cases, civil or criminal, except those. assigned to special courts and courts of limited jurisdiction.

30
Q

What kind of court is a court of general jurisdiction?

A

Regional Trial Court

31
Q

Special jurisdiction

A

Courts which have the power to hear only certain types of cases, or are clothed with special powers for the performance of specified duties beyond which they have no authority of any kind.

32
Q

What are courts of special jurisdiction?

A

Sandiganbayan
Court of Tax Appeals
Shari’a Court

33
Q

What courts were created by the Constitution and Statute?

A

C: Supreme Court

S: Everything else

34
Q

When is equity applied by the courts?

A

Applied only in the absence of, and never against, statutory law or judicial rules of procedure.

35
Q

Principle of judicial hierarchy

A

Direct resort from the lower courts to the Supreme Court will not be entertained unless the appropriate remedy cannot be obtained in the lower tribunals.

36
Q

Doctrine of non-interference or doctrine of judicial stability

A

Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders. Bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review.

37
Q

JURISDICTION definition

A

Power or capacity conferred by the Constitution or by law to a court or tribunal to entertain, hear and determine certain controversies, and render judgment thereon.

38
Q

What are the classifications of jurisdiction?

A

Original, Appelate, General, Exclusive Concurrent

39
Q

Original jurisdiction

A

court’s power to hear a case and accept evidence

40
Q

Appellate jurisdiction

A

court’s power to review a case on appeal

41
Q

General jurisdiction

A

courts that do not have limits on the types of cases they can hear.

42
Q

Special jurisdiction

A

courts which have the power to try only certain kinds of cases

43
Q

Concurrent jurisdiction or non-exclusive jurisdiction

A

more than one court may take jurisdiction over the case

44
Q

How jurisdiction over the plaintiff is acquired?

A

Acquired upon filing of complaint or initiatory pleading and paying docket or filing fees

45
Q

How jurisdiction over the defendant is acquired?

A

Summons → Service on him of coercive process in the manner provided by law

Voluntary appearance → his voluntary submission to the jurisdiction of the court or tribunal

46
Q

What is Jurisdiction over the subject matter?

A

Power to hear and determine cases

47
Q

How jurisdiction is conferred and determined

A

Determined by the law in force at the time of its institution once the court acquires jurisdiction

48
Q

Jurisdiction V. Exercise of jurisdiction

A

Jurisdiction → Authority to decide a cause and not the decision rendered

Exercise of jurisdiction → the decision in all other questions arising from the case

49
Q

DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION

A

Precludes the courts from resolving a controversy over which jurisdiction has initially been lodged with an administrative body of special competence

50
Q

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

A

If a remedy within the administrative machinery can be resorted to by giving the administrative officer every opportunity to decide on a matter that comes within his jurisdiction, then such remedy must be exhausted first before the court’ power of judicial review can be sough

51
Q

DOCTRINE OF ADHERENCE OF JURISDICTION

A

Once jurisdiction attaches it cannot be ousted by the happening of subsequent events although of such character which should have prevented jurisdiction from attaching in the first instance

52
Q

When can the issue of jurisdiction be raised?

A

GENERAL RULE → Jurisdiction over the subject matter or nature of the action may be challenged as any stage of the proceedings

53
Q

EXCEPTION

A

→ when there is estoppel

54
Q

Jurisdiction over the res or property in litigation

A
  • seizure under legal process of the court
  • Institution of legal proceedings whereby the power of the court over the ting is recognized and made effective
55
Q

Jurisdiction over the remedies

A

Depends on the principal relief sought

56
Q

Error in Jurisdiction

A

One where the act complained of was issued by the court without or in excess of jurisdiction

57
Q

how is this fixed

A

which error is correctable only by the extraordinary writ of certiorari

58
Q

Error in Judgment

A

One in which the court may commit in the exercise of its jurisdiction

59
Q

How is it reversed?

A

Error is reversible only by appeal

CIVPRO (9 decks)

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