Remedial Law Doctrine

TWO-DISMISSAL

TWO-DISMISSAL: When the notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.

SEXUAL ABUSE SHIELD

SEXUAL ABUSE SHIELD: The following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse: (1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and(2) Evidence offered to prove the sexual predisposition of the alleged victim. (b) Exception.— Evidence of specific instances of sexual behavior by the …

SEXUAL ABUSE SHIELD Read More »

SET-OFF

SET-OFF: A permissive counterclaim does not arise out of and is not connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim which required the presence of a third person for its adjudication;

RES JUDICATA IN PRISON GREY

RES JUDICATA IN PRISON GREY: Accused cannot be twice put in jeopardy of an offense, acquittal or conviction in either one will bar the prosecution for another offense, or his was terminated without the express consent of the accused.

RELAXED ADMISSIBILITY OF EVIDENCE

RELAXED ADMISSIBILITY OF EVIDENCE : In the proper resolution of the case, the court has the discretion to admit a rather inadmissible evidence provided it has a relation to other evidence already presented which is relevant to the fact in issue in the case.

RECOUPMENT

RECOUPMENT: A compulsory counterclaim arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim which does not require the presence of a third person over whom the court cannot acquired jurisdiction;