DEFINITION OF TERMS
RULE 1
CIVIL ACTION- one by which a party
sues another for the enforcement or
protection of a right, or the prevention
or redress of a wrong.
CRIMINAL ACTION- one by which the
State prosecutes a person for an act or
omission punishable by law.
SPECIAL PROCEEDING- a remedy by
which a party seeks to establish a
status, a right, or a particular fact.
RULE 2
CAUSE OF ACTION- A cause of action
is the act or omission by which a party
violates a right of another.
RULE 3
REAL PARTY-IN-INTEREST- arty who
stands to be benefited or injured by the
judgment in the suit, or the party
entitled to the avails of the suit.
NECESSARY PARTY- one who is not
indispensable but who ought to be
joined as a party if complete relief is to
be accorded as to those already parties,
or for a complete determination or
settlement of the claim subject of the
action.
RULE 6
PLEADINGS- written statements of the
respective claims and defenses of the
parties submitted to the court for
appropriate judgment.
COMPLAINT- leading alleging the
plaintiff's cause or causes of action.
The names and residences of the
plaintiff and defendant must be stated
in the complaint.
ANSWER- pleading in which a
defending party sets forth his defences.
NEGATIVE DEFENSE- specific denial
of the material fact or facts alleged in
the pleading of the claimant essential to
his cause or causes of action.
AFFIRMATIVE DEFENSE-  an
allegation of a new matter which, while
hypothetically admitting the material
allegations in the pleading of the
claimant, would nevertheless prevent or
bar recovery by him.
COUNTERCLAIM- any claim which a
defending party may have against an
opposing party.
COMPULSARY COUNTERCLAIM-
one which, being cognizable by the
regular courts of justice, arises out of or
is connected with the transaction or
occurrence constituting the subject
matter of the opposing party's claim
and does not require for its adjudication
the presence of third parties of whom
the court cannot acquire jurisdiction. 
CROSSCLAIM- any claim by one party
against a co-party arising out of the
transaction or occurrence that is the
subject matter either of the original
action or of a counterclaim therein.
REPLY- pleading, the office or function
of which is to deny, or allege facts in
denial or avoidance of new matters
alleged by way of defense in the
answer and thereby join or make issue
as to such new matters.
THIRD, FOURTH PARTY
COMPLAINT- claim that a defending
party may, with leave of court, file
against a person not a party to the
action.
SERVICE- the act of providing a party
with a copy of the pleading or paper
concerned.
FILING- the act of presenting the
pleading or other paper to the clerk of
court.
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