18 Questions
What is the purpose of remedial law?
To enforce existing rights through legal methods.
What is the nature of remedial law?
It does not vest or create substantive rights.
What is the nature of procedural law?
It defines the rules and forms of legal procedure.
What is the purpose of procedural law?
To enforce existing rights through legal methods.
What must be the nature of a court or tribunal under remedial law?
Clothed with judicial power
What is the requirement for judgment under remedial law?
Rendered upon a lawful hearing
Can procedural law have retroactive effect?
Yes, but it has no effect on vested rights.
What is the purpose of procedural law in ensuring effective enforcement of substantive rights?
To provide for a vital system of justice
What type of law does not ignore technicalities for the convenience of a party?
Procedural Law
What type of law defines rules and forms of procedure for courts to administer justice?
Procedural Law
What is the primary function of substantive procedural law?
Creates, defines, and regulates rights
According to the 1987 Constitution, who has the power to promulgate procedural rules?
Supreme Court
Under what circumstances can procedural laws be given retroactive application?
If it does not violate the rights of person affected and is not constitutionally objectionable
What is the 'fresh-period rule' related to?
Pending actions
Where is the judicial power vested according to the 1987 Constitution?
Supreme Court
What is the main characteristic of procedural law's prospective application?
Can diminish, increase, or modify substantive rights
What is the main authority responsible for amending, repealing, or establishing new procedural rules?
Supreme Court
According to the text, what can rules of procedure of special courts and quasi-judicial bodies do in relation to the Supreme Court?
'Remain effective unless disapproved by the Supreme Court'
Study Notes
Remedial Law
- Purpose: to provide relief or remedy to a party that has been wronged
- Nature: focuses on providing a remedy for a wrong or injury
Procedural Law
- Purpose: to provide a framework for the administration of justice and the enforcement of substantive rights
- Nature: governs the process of adjudication, defining the rules and forms of procedure for courts to administer justice
- Primary function: to facilitate the effective enforcement of substantive rights
- Characteristic: prospective application, meaning it applies to future cases, not past ones
Court and Tribunal
- Under remedial law, a court or tribunal must be impartial and independent
- Judgment requirement: based on the application of the substantive law to the facts of the case
Retroactive Effect
- Procedural law generally does not have retroactive effect, but can be given retroactive application in certain circumstances
- Fresh-period rule: related to the limitation period for filing cases
Judicial Power and Procedural Rules
- Under the 1987 Constitution, the Supreme Court has the power to promulgate procedural rules
- The main authority responsible for amending, repealing, or establishing new procedural rules is the Supreme Court
- Rules of procedure of special courts and quasi-judicial bodies may be reviewed and regulated by the Supreme Court
Learn about the definition and nature of remedial law, which deals with enforcing rights and obtaining redress for their invasions without creating or taking away vested rights. Understand its procedural nature and how it provides for the mechanics of due process, involving courts or tribunals with judicial power.
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