I. GENERAL PRINCIPLES Flashcards
(17 cards)
What is the definition of Remedial Law?
Remedial law comprises the set of rules that govern the process by which rights are enforced and wrongs are remedied in courts or quasi-judicial bodies.
What are the primary sources of Remedial Law in the Philippines?
The primary sources include the Constitution, statutes, Rules of Court, and jurisprudence.
What is the difference between procedural law and substantive law?
Substantive law creates, defines, and regulates rights and obligations, while remedial law prescribes the methodology for enforcing those rights/obligations.
What is the principle of liberal construction in Remedial Law?
Remedial law is to be liberally construed to promote the just, speedy, and inexpensive disposition of every action or proceeding.
What does the principle of Fair Play and Due Process ensure?
It ensures that parties are afforded an opportunity to be heard, to present evidence, and to secure a decision on the merits.
What is the hierarchy of courts in the Philippine judiciary?
The hierarchy includes Metropolitan Trial Courts, Municipal Trial Courts, Regional Trial Courts, Court of Appeals, and the Supreme Court.
What are the inherent powers of the court?
Courts possess inherent powers to control their proceedings, enforce order, and ensure the speedy administration of justice.
What are the basic duties of lawyers to the court?
Lawyers must maintain candor and honesty, respect for the court, and obedience to court orders.
What is the definition of Legal Ethics?
Legal Ethics is the body of ethical and moral principles and rules of conduct that members of the legal profession are expected to uphold.
What are the fundamental duties of lawyers to their clients?
Lawyers must provide competent legal service, avoid conflicts of interest, maintain confidentiality, and keep clients informed.
What are the basic requirements for valid legal forms?
Essential contents include a caption or title, body, signature, verification, and certification against forum shopping.
What are common types of judicial forms?
Common types include complaints, answers, motions, affidavits, pre-trial briefs, and writs.
What are best practices for drafting legal documents?
Best practices include clarity and precision, completeness and accuracy, consistency in facts and arguments, and strict adherence to deadlines.
What is the role of legal forms in legal practice?
Legal forms ensure consistency and clarity in legal practice and guide litigants and counsel on essential requisites.
What is the significance of the Code of Professional Responsibility?
It codifies the canons of ethical conduct for lawyers.
What is the disciplinary mechanism for lawyers in the Philippines?
The Supreme Court has exclusive authority to discipline, suspend, or disbar lawyers.
