Wednesday, November 21, 2018

2018 Hot Areas for Remedial Law

General Principles

Jurisdiction (There will always be a question on this.)

Civil Procedure
Actions; (Cause of Actions, joinder & Splitting, Motion to Dismissal; R16, Counterclaim)
Fresh Period Rule
Certiorari (Modes, R45 vs. R65, Question of Law vs. Question of facts)
Default (Order of default, effects, remedies
Demurrer to evidence (civil vs. criminal)
Modes of discovery (subpoena duces tecum, production and inspection of documents)
Dismissal (Grounds R.16, res judicata)
Forum shopping
Judgment (remedies, grounds for annulment, enforcement and revival, foreign judgment, judgment on the pleadings and summary judgment)
Parties (Effect of death of party; Third party claim)
Pleadings (Amendment of complaint)
Prejudicial Question
Pre-trial
Provisional Remedies
Attachment, Injunction
Special Civil Actions
Summons
Venue (Please take note that venue of action is usually coupled to questions on jurisdiction)

Criminal Procedure

Jurisdiction
Parties
Acquittal Effect
Actions
Complaint vs. Information
Information; amendment
Motion to quash information
Arrest (Warrantless arrest, search warrant)
Bail (Matter of right; Take note of increase in amount of bail)
Arraignment and Pre-trial (Plea of guilty to lesser offense
Demurrer to evidence (without leave of court, demurrer in civil vs. criminal)
Double Jeopardy
Prejudicial questions
Extradition
Provisional Dismissal
Judgment



Evidence
Evidence Admissibility
Best Evidence Rule, Secondary Evidence
Burden of proof vs. burden of evidence Preponderance, substantial, proof beyond reasonable doubt
Character Evidence
Confession
Legislative vs. Adjudicative Facts
Hearsay Evidence and its exceptions
Independent Relevant Statement
Judicial Notice
Memorandum
Offer of Evidence, res inter alios acta
Opinion Rule
Parol Evidence Rule
Privilege Communication (Marital)
Witness (Competence and Examination)

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