2022 Question and Answers in Civil Procedure.docx

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What is the concept of Remedial Law? - The concept of Remedial Law lies at the very core of procedural due process, which means a law which hears before it condemns, which proceeds upon inquiry and... renders judgment only after trial, and contemplates an opportunity to be heard before judgment is rendered. Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion. 2. How are remedial laws implemented in our system of government? - Remedial laws are implemented in our system of government through the pillars of the judicial system, including the prosecutor service, our courts of justice and quasi-judicial agencies. 3. Distinguish substantive law and procedural law. - Substantive law is the part of the law which creates, defines or regulates rights concerning life, liberty or property or the powers of agencies or instrumentalities for the administration of public affairs while Remedial Law prescribes the methods of enforcing those rights or obtaining redress for their invasion. - As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes the punishment for committing them, as distinguished from remedial law which provides or regulates the steps by which one who commits a crime is to be punished. - Substantive law creates vested rights while procedural law does not create vested rights. - Substantive law is prospective in application while procedural law is retroactive in application. - Substantive law cannot be enacted by the Supreme Court while the Supreme Court is expressly empowered to promulgate procedural rules. 4. In an adoption case, the wife alone filed the petition without joining the husband. It was granted, but that was under [Show More]

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