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    Civil Procedure Assignment

    Uploaded by

    Jay R Cristobal
    The document discusses different types of jurisdiction and actions that courts may have: 1) Original jurisdiction refers to when cases are originally filed with a court, while appellate jurisdiction allows a court to review decisions of lower courts. Exclusive jurisdiction gives a single court sole power over a specific type of case. 2) Courts of record formally document their proceedings, while courts not of record are not required to do so. Constitutional courts are directly established by a constitution. 3) Actions can be in rem (against a thing), in personam (against a person to enforce rights/obligations), or quasi in rem (regarding property interests between parties only).

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    Civil Procedure Assignment

    Uploaded by

    Jay R Cristobal
    67 views2 pages
    The document discusses different types of jurisdiction and actions that courts may have: 1) Original jurisdiction refers to when cases are originally filed with a court, while appellate jurisdiction allows a court to review decisions of lower courts. Exclusive jurisdiction gives a single court sole power over a specific type of case. 2) Courts of record formally document their proceedings, while courts not of record are not required to do so. Constitutional courts are directly established by a constitution. 3) Actions can be in rem (against a thing), in personam (against a person to enforce rights/obligations), or quasi in rem (regarding property interests between parties only).

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    The document discusses different types of jurisdiction and actions that courts may have: 1) Original jurisdiction refers to when cases are originally filed with a court, while appellate jurisdiction allows a court to review decisions of lower courts. Exclusive jurisdiction gives a single court sole power over a specific type of case. 2) Courts of record formally document their proceedings, while courts not of record are not required to do so. Constitutional courts are directly established by a constitution. 3) Actions can be in rem (against a thing), in personam (against a person to enforce rights/obligations), or quasi in rem (regarding property interests between parties only).

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    67 views2 pages

    Civil Procedure Assignment

    Uploaded by

    Jay R Cristobal
    The document discusses different types of jurisdiction and actions that courts may have: 1) Original jurisdiction refers to when cases are originally filed with a court, while appellate jurisdiction allows a court to review decisions of lower courts. Exclusive jurisdiction gives a single court sole power over a specific type of case. 2) Courts of record formally document their proceedings, while courts not of record are not required to do so. Constitutional courts are directly established by a constitution. 3) Actions can be in rem (against a thing), in personam (against a person to enforce rights/obligations), or quasi in rem (regarding property interests between parties only).

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Jay – R S. Cristobal Dean Rod P.

    Vera
    UCC -JD - 2B Civil Procedure

    Original jurisdiction

    It is the original jurisdiction of the court when actions or proceedings are originally filed with it. A
    court is one with appellate jurisdiction when it has the power of review over the decisions or orders
    of a lower court.

    Exclusive Jurisdiction

    Exclusive jurisdiction refers to power of a court to adjudicate a case to the exclusion of all other
    courts. It is the sole forum for determination of a particular type of case. Exclusive jurisdiction is
    decided on the basis of the subject matter dealt with by a particular court.

    Appellate Jurisdiction

    It is the Appellate jurisdiction is the power of an appellate court to review, amend and overrule
    decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created,
    and may consist of appeals by leave of the appellate court or by right.

    Courts of Record

    Courts of record’ are those which keep a written account of its proceedings. Those courts which are
    not bound to keep such records are ‘courts not of record. One attribute of a court of record is the
    strong presumption as to the veracity of its records that cannot be collaterally attacked except for
    fraud.

    Constitutional court

    A constitutional court is one created by a direct Constitutional provision. Example of this court is the
    Supreme Court of the Philippines. It owes its creation from the Constitution itself (Sec. 1, Art. VIII,
    Constitution of the Philippines). In the Philippines, only the Supreme Court is a constitutional court.

    Relief

    It is a redress, assistance, or protection given by law especially with an intervention of the court. The
    plaintiff should state what he/she seeks as follows: a : release from obligation or duty b : an order
    from a court granting a particular remedy

    Remedy

    Remedy means to achieve justice in any matter in which legal rights are involved. Remedies may be
    ordered by the court, granted by judgment after trial or hearing, by agreement (settlement)
    between the person claiming harm and the person he/she believes has caused it, and by the
    automatic operation of law.

    Subject Matter
    The term, “subject matter” also refers to the item with respect to which the controversy has arisen,
    or concerning which the wrong has been done, and it is ordinarily the right, the thing, or the contract
    under dispute.

    Action in rem

    Action in rem is an action against the thing itself, instead of against the person. In an in rem action,
    which is an action brought directly against a property interest, a state can validly proceed to settle
    controversies with regard to rights or claims against tangible or intangible property within its
    borders, notwithstanding that jurisdiction over the defendant was never established. Action in
    personam

    An action in personam is said to be one which has for its object a judgment against the person, as
    distinguished from a judgment against the property to determine its state. It has been held that an
    action in personam is a proceeding to enforce personal rights or obligations; such action is brought
    against the person.

    Action Quasi in Rem

    In an action quasi in rem, an individual is named as defendant and the purpose of the proceeding is
    to subject his interests therein to the obligation or loan burdening the property. Actions quasi in rem
    deal with the status, ownership or liability of a particular property but which are intended to operate
    on these questions only as between the particular parties to the proceedings and not to ascertain or
    cut off the rights or interests of all possible claimants. The judgments therein are binding only upon
    the parties who joined in the action.

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