Remedial Law: Definition and Nature
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Questions and Answers

What is the purpose of remedial law?

  • To establish new legal principles.
  • To enforce existing rights through legal methods. (correct)
  • To take away vested rights.
  • To create vested rights.

    • What is the nature of remedial law?

  • It prescribes the method of enforcing procedural rights.
  • It creates new substantive rights.
  • It defines the rules and forms of legal procedure.
  • It does not vest or create substantive rights. (correct)

    • What is the nature of procedural law?

  • It creates new substantive rights.
  • It prescribes the method of enforcing procedural rights.
  • It defines the rules and forms of legal procedure. (correct)
  • It does not vest or create substantive rights.

    • What is the purpose of procedural law?

    <p>To enforce existing rights through legal methods.</p> Signup and view all the answers

    What must be the nature of a court or tribunal under remedial law?

    <p>Clothed with judicial power</p> Signup and view all the answers

    What is the requirement for judgment under remedial law?

    <p>Rendered upon a lawful hearing</p> Signup and view all the answers

    Can procedural law have retroactive effect?

    <p>Yes, but it has no effect on vested rights.</p> Signup and view all the answers

    What is the purpose of procedural law in ensuring effective enforcement of substantive rights?

    <p>To provide for a vital system of justice</p> Signup and view all the answers

    What type of law does not ignore technicalities for the convenience of a party?

    <p>Procedural Law</p> Signup and view all the answers

    What type of law defines rules and forms of procedure for courts to administer justice?

    <p>Procedural Law</p> Signup and view all the answers

    What is the primary function of substantive procedural law?

    <p>Creates, defines, and regulates rights</p> Signup and view all the answers

    According to the 1987 Constitution, who has the power to promulgate procedural rules?

    <p>Supreme Court</p> Signup and view all the answers

    Under what circumstances can procedural laws be given retroactive application?

    <p>If it does not violate the rights of person affected and is not constitutionally objectionable</p> Signup and view all the answers

    What is the 'fresh-period rule' related to?

    <p>Pending actions</p> Signup and view all the answers

    Where is the judicial power vested according to the 1987 Constitution?

    <p>Supreme Court</p> Signup and view all the answers

    What is the main characteristic of procedural law's prospective application?

    <p>Can diminish, increase, or modify substantive rights</p> Signup and view all the answers

    What is the main authority responsible for amending, repealing, or establishing new procedural rules?

    <p>Supreme Court</p> Signup and view all the answers

    According to the text, what can rules of procedure of special courts and quasi-judicial bodies do in relation to the Supreme Court?

    <p>'Remain effective unless disapproved by the Supreme Court'</p> Signup and view all the answers

    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

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    Description

    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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