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The Supreme Court (SC) is the highest court of the land and is the court of last resort. [ 1 ] : 6 It is led by the Chief Justice , who is joined by 14 Associate Justices . [ 1 ] : 39 The court has expansive powers and a constitutional responsibility to oversee other branches of government, able even to overrule the discretion of political and ...
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
However, if the party wishes to stay a judgment during the appeal, a motion must be made with the Superior Court, and the court can require the posting of a bond or cash deposit under R.2:9-5 and R.2:9-6. The same rule applies in Delaware under the state constitution [3] as well as the court rules. [4] [5]
The filing of a complaint or prayer for relief is a voluntary action by the person aggrieved, and as a necessity of this request, the person seeking relief consents to be bound by the judgment of the court. The doctrine of consent is also extended to defendants who attend and litigate actions without challenging the court's personal jurisdiction.
Pursuant to the Constitution, the Court of Appeals "reviews not only the decisions and orders of the Regional Trial Courts awards, judgments, final orders or resolutions of, or authorized by administrative agencies exercising quasi-judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
A deficiency judgment is a court judgment that is a public record of the amount owed and by whom. In many states, items included in calculating the amount of a deficiency judgment include: the loan principal, accrued interest and attorney fees, less the amount the lender bid at the foreclosure sale. [3]
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.