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WorksheetsCIP 1 Quiz 3
Total questions: 25
Worksheet time: 8mins
Who initiates a civil action by filing a complaint?
Judge
Defendant
Plaintiff
Witness
Who defends against the claims made by the plaintiff?
Prosecutor
Defendant
Jury
Investigator
Can a defendant bring a claim against someone not originally involved in the case?
Never
Only with the judge's permission
Yes, through a counterclaim
No, but they can file a separate lawsuit
How are the parties identified in a pleading?
In the body of the text
In the footnotes
In the caption
In the closing arguments
May a plaintiff respond to a defendant's counterclaim with another counterclaim?
No, only one counterclaim is allowed
Yes, this is called a reply
The plaintiff can only file a new lawsuit
The judge decides
Who is the real party in interest, according to the case NM Rothschild & Sons (Australia) Limited vs Lepanto Consolidated Mining Company?
The lawyer who filed the case
The one who pays the filing fee
The one who has the legal right or interest in the case
The judge overseeing the case
Can a representative act on behalf of the real party in interest? (Refer to NM Rothschild case).
No, only the real party in interest can act
Yes, if they have legal authority to do so
Only with the court's permission
This depends on the type of case
What happens if a necessary party (someone crucial to the case) is not included? (Refer to Living @ Sense, Inc vs. Malayan Insurance case).
The case is automatically dismissed
The judge may dismiss the case
The case proceeds, but the judgment may be incomplete
The missing party is added later
If you are unsure who the proper defendant is, what can you do?
File a lawsuit against everyone you suspect
File a complaint naming 'John Doe' as a placeholder
The judge will decide who the defendant is
You cannot file a lawsuit until you know for sure
How can spouses act as parties in a lawsuit?
Only one spouse can be a party
They must always be co-parties
It depends on the nature of the case
They can be plaintiffs, defendants, or both
A minor or incompetent person must be represented by whom in court? (Refer to relevant cases)
A friend or family member
A lawyer
A guardian or legal representative
The judge will appoint someone
What happens if a party becomes incompetent during the case? (Refer to relevant cases)
The case is automatically dismissed
The case is put on hold until they recover
A legal representative is appointed
The case proceeds without them
Can a party who is unwilling to sue be forced to participate?
Yes, the court can compel them
No, a plaintiff cannot be forced to sue
It depends on the reason for their unwillingness
The judge will decide
Can a counterclaim bring in new defendants?
No, only the original parties are involved
Yes, under certain circumstances
This depends on the judge's discretion
Only with the plaintiff's permission
When can a class suit be filed, representing a group of people with the same interest?
When the group is very large
When the claims are very similar
When the parties are numerous and it is impracticable to bring them all before the court
When the lawyer decides to file it as a class suit
How does a class suit differ from an individual suit?
A class suit involves more money
A class suit is faster
A class suit represents numerous persons with similar interests, while an individual suit involves only one plaintiff
There is no difference
What is a derivative suit?
A lawsuit filed by a child on behalf of a parent
A lawsuit filed by a shareholder on behalf of a corporation
A lawsuit filed by a government agency
A lawsuit filed by a class of people
What is the duty of a counsel upon the death of their client? (Refer to relevant cases)
To immediately withdraw from the case
To inform the court of the death and take steps for substitution of the deceased party
To continue representing the deceased
To inform the opposing counsel
What is the importance of substitution of heirs in a civil action? (Refer to relevant cases)
To delay the case
To ensure the case can continue with the proper parties representing the deceased's interests
To confuse the issues
To allow the lawyer to earn more fees
What happens if a party dies before the entry of judgment? (Refer to relevant cases)
The case is automatically terminated
The case can proceed without substitution
The heirs must be substituted for the deceased party
The judge decides whether to continue the case
What happens if a public officer sued in their official capacity dies or leaves office? (Refer to relevant cases)
The case is dismissed
Their successor is automatically substituted as the defendant
The case is put on hold indefinitely
The plaintiff must file a new lawsuit
What is 'transfer of interest' in a civil action?
When the case is moved to a different court
When a party's rights or interest in the subject matter of the case are transferred to another person
When the lawyer changes
When the judge is replaced
Who is considered an indigent party? (Refer to relevant cases)
Anyone who claims to be poor
Someone who lacks sufficient means to pay court fees and other expenses of litigation
Someone who is unemployed
Someone who receives government assistance
When is notice to the Solicitor General required in civil actions? (Refer to relevant cases)
In all civil cases
When the Republic of the Philippines or its officers are parties, or when the validity of a statute, treaty, or ordinance is challenged
Only in criminal cases
Only in cases involving large sums of money
Which case discusses the importance of prior judicial determination of heirship?
Living @ Sense, Inc vs Malayan Insurance
Ang vs. Pacunio
NM Rothschild & Sons (Australia) Limited vs Lepanto Consolidated Mining Company
Duenas vs. Santos Subdivision Homeowners Association
