Notes in 002: Cause of Action

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Published	09/25/2024	Rule 2, Sec. 1. Ordinary civil actions, basis of.
Published	09/25/2024	Rule 2, Sec. 2. Cause of action, defined.
Published	09/25/2024	Right of Action or Cause of Action? Reason for bringing an action
Published	09/25/2024	Right of Action or Cause of Action? Remedy for bringing an action.
Published	09/25/2024	Right of Action or Cause of Action? Formal statement of the operative facts that give rise to remedial rights.
Published	09/25/2024	Right of Action or Cause of Action? The remedial right to litigate because of the operative facts.
Published	09/25/2024	Right of Action or Cause of Action? Matter of procedure and is governed by the pleadings filed by the parties.
Published	09/25/2024	Right of Action or Cause of Action? Matter of right and depends on substantive law
Published	09/25/2024	Right of Action or Cause of Action? Not affected by affirmative defenses (fraud, prescription, estoppel, etc.)
Published	09/25/2024	Right of Action or Cause of Action? Affected by affirmative defenses (fraud, prescription, estoppel, etc.)
Published	09/25/2024	What is a failure to state a cause of action?
Published	09/25/2024	When can a party invoke failure to state a cause of action? Will the dismissal be with prejudice?
Published	09/25/2024	What is a lack of cause of action?
Published	09/25/2024	Is lack of cause of action a ground for dismissal? If yes, when may it be invoked?
Published	09/25/2024	What is the effect of dismissal due to lack of cause of action?
Published	09/25/2024	What is the test of the sufficiency of a cause of action?
Published	09/29/2024	Rule 2, Sec. 4. Splitting a single cause of action; effect of.
Published	09/25/2024	Rule 2, Sec. 3. One suit for a single cause of action.
Published	09/25/2024	What is the general rule in filing of action? Is splitting allowed?
Published	09/25/2024	What is the rationale for prohibiting the splitting of a single cause of action? (2 reasons)
Published	09/25/2024	What are the grounds which may be relied upon by the party invoking splitting a single cause of action for a motion to dismiss? (2 grounds)
Published	09/25/2024	In splitting a single cause of action, what may the defendant allege as an affirmative answer?
Published	09/25/2024	Is the defense against splitting a single cause of action subject to waiver?
Published	09/25/2024	What is a joinder of causes of action?
Published	09/25/2024	What are the requisites for joinder of causes of action? (Rule 2, Sec. 5)
Published	09/25/2024	What is the exception to the rule that allows the joinder of causes of action fall within the jurisdiction of the RTC if one of the causes of action f…
Published	09/25/2024	T/F. The totality rule (or where jurisdiction of the court is determined by the aggregate or total amount claimed in cases of joinder of causes of act…
Published	09/29/2024	Rule 2, Sec. 6. Misjoinder of causes of action.Is Misjoinder of causes of action a ground of dismissal of action?
Published	09/25/2024	What is the exception to the severability of a misjoinder? What is the exception to the exception?
Published	09/25/2024	T/F. The courts may motu proprio order the severance of the misjoined cause of action to be proceeded with separately.
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