Beruflich Dokumente
Kultur Dokumente
Chapter 1
General Principles
I.
by the defendant
No right of action where there is no cause of action.
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1. Complaint
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Cause of Action
Refers to an act or omission
by which a party violates the
rights of another
Substantive law applies legal
basis for cause of action
Involves right of a plaintiff
and a violation of this right
B. Jurisdiction
- if there is a cause of action, lawyer starts the
preparation of the complaint.
- Before doing so, the lawyer should determine the
court that should take cognizance of the action
- Filing in the wrong jurisdiction: ground for dismissal
of complaint either upon proper motion by adverse
party or upon courts own motion (motu propio)
- Jurisdiction over the subject matter: not found in the
ROC because it is a matter of substantive law and
not procedural
C. Venue
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