Remedial Law Review 1 QUIZ September 14, 2019

Coverage: Rules 30 (Trial) to 39 (Execution, Satisfaction and Effect of Judgments)

Answer the following questions

Part I (9:00 a.m. – 11:30 a.m.)

Rule 30
1. What is trial?
2. What is the order of trial in civil actions?

Rule 31
3. Define consolidation of actions. When may a court order the joint hearing, trial
or consolidation of cases?
4. When may a court order a separate trial?

Rule 32
5. When may the court order the issues in a case to be referred to a commissioner?
6. What are the powers of the commissioner appointed by the court?

Rule 33
7. What is a demurrer to evidence? What are the grounds for demurrer?
8. What is the effect if the demurrer is denied? What about if granted?
9. Distinguish demurrer to evidence in a civil case from demurrer to evidence in
a criminal case.

Rules 34-36
10. What do you mean by immutability of final and executory judgments?
11. Which controls in case there is a conflict between the fallo and the ratio
decidendi?
12. What is a judgment on the pleadings? When is it proper?
13. What is a summary judgment? When may a claimant move for it? In what
actions is it proper?
14. Distinguish a judgment on the pleadings from a summary judgment.
15. Define judgment. What are its essential requisites to be valid?
16. Distinguish sin perjuicio judgment from memorandum decision.
17. Distinguish a partial summary judgment from a separate judgment.

Rule 37-39
18. What are the grounds for new trial? Cite example of each ground.
19. What are the grounds for reconsideration?
20. What is Neypes Doctrine?
21. When may a party file a petition for relief from a judgment, final order or
other proceeding?
22. What is meant by execution? When does execution issue as a matter of right?
23. What are the exceptions to the rule that execution is a matter of right after
expiration of period to appeal and no appeal is perfected?
24. What is the difference between finality of judgment for purpose of appeal
from finality of judgment for purpose of execution?
25. May an order denying the probate of a will still be overturned after the period
to appeal therefrom has lapsed?
26. What are the rules on the recognition and enforcement of foreign judgments
in our courts?
27. What is a collateral attack of judgments? When is it proper?
28. What is discretionary execution? When are its requirements?
29. What are the 3 stages of the trial court’s jurisdiction over an appealed case?
30. What properties are exempt from execution?