Civpro - Riano Reviewer

Civil Procedure – Riano Reviewer 2013400059 1

Chapter 1 General Principles I.

Intr Introd oduc ucti tion on to rdi rdina nar! r! Civi Civill "cti "ction ons s

by the defendant &o ri$ht o% action where there is no cause o% action. -

1. Co#plaint -

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Filing Filing of a compla complaint int gives gives life to proced procedural ural rules rules and trig trigge gers rs thei theirr appl applic icat atio ion n whic which h civi civill acti action on is commenced First irst pleadi pleading ng led led with with the the court court by the the party party called called the  plaintif  Prim Primar ary y purp purpos ose e of plead pleadin ing: g: sue anoth another er for the the enforcement or protection of a right or prevention of  a wrong Mean Means s by which which the plai plaint nti i appri apprise ses s the the adve advers rse e party, called the deendant , of the nature and basis of the claim

". Ri$ht o% o% action action and cause cause o% o% action action Ri$ht o% "ction ight to le a suit

Proced ocedu ural in charac aractter "onse#uence "onse#uence of the violation of the right of the plainti 

Cause o% "ction efers to to an an ac act or or om omission by which a party violates the rights of another !ubstan stanttive ive law law app appllies ies leg legal basis for cause of action $nvolv $nvolves es right right of a plaint plainti  i  and a violation of this right

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%ven %ven if plai plaint nti i has has a legitim legitimate ate caus cause e of action action he he is precluded by the ules of "ourt from instituting more than one suit for a single cause of action& "ann "annot ot split split a sing single le cause cause of actio action n into into seve severa rall parts and ma'e each part the sub(ect if a separate complaint

'. (uri (urisd sdic icti tion on - if the there is a cause ause of act action ion, lawy lawye er sta starts rts the the preparation of the complaint& - )efo )efore re doin doing g so, so, the the lawy lawyer er shoul should d dete determ rmin ine e the the court that should ta'e cogni*ance of the action - Filing iling in the wrong wrong (uris (urisdi dicti ction on:: ground ground for dismis dismissal sal of complaint either upon proper motion by adverse party or upon court+s own motion motu propio - .urisd .urisdict iction ion over over the the sub(ec sub(ectt matter matter:: not found found in the the /" because it is a matter of substantive law and not procedural C. )enue -

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court court with with the approp appropria riate te (urisd (urisdict iction ion havin having g been determined, counsel, then goes on to determine the place where the action is to be led&