Remedial Law Quiz
Based on the 2019 Amendments (A.M. No. 19-10-20-SC) - Pleadings
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Codal Excerpt Source
Section 6. Contents. – Every pleading stating a party’s claims or defenses shall, in addition to those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said witnesses shall be attached to the pleading and form an integral part thereof. Only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial. Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in the pleading. (n)
Quiz Design Analysis
This analysis justifies the number and nature of the quiz items based on the provided legal text.
- Total Main Sections: 1 (Section 6)
- Total Sub-sections: 3 (a, b, c)
- Distinct Legal Concepts Identified: 15
Breakdown of Concepts:
- Scope of Application: Applies to "Every pleading" with "claims or defenses".
- Cumulative Nature: Requirements are "in addition to" other rules (Sec. 2, Rule 7).
- Witness Identification: Mandates stating the "Names of witnesses".
- Purpose of Witnesses: To "prove a party’s claim or defense".
- Testimony Summary: Mandates a "Summary of the witnesses’ intended testimonies".
- Judicial Affidavit (JA) Attachment: JAs "shall be attached to the pleading".
- JA Legal Status: JAs "form an integral part" of the pleading.
- Exclusivity Rule (General): "Only witnesses whose JAs are attached" shall be presented.
- Timing of Presentation: The exclusivity rule applies "during trial".
- Existence of an Exception: There is an exception for "additional witnesses".
- Standard for Exception: The basis must be "meritorious reasons".
- Court's Discretion: The court is not compelled; it *may* hear or admit additional witnesses.
- Consequence of Non-compliance: If exception isn't met, "no other witness or affidavit shall be heard".
- Physical Evidence Requirement: Mandates inclusion of "Documentary and object evidence".
- Relevance of Physical Evidence: Must be "in support of the allegations".
Justification for Item Count (25 Items):
A total of 25 items were crafted to ensure substantial coverage. The density of rules, particularly in subsection (b) which contains a general rule, a procedural mandate, a legal principle, an exclusivity clause, and a detailed exception, requires multiple questions to test thoroughly. A lower count would miss nuances, while a higher count risks redundancy. 25 items allow for testing each of the 15 concepts, with additional questions dedicated to the complex interplay of rules in subsection (b), ensuring a comprehensive assessment at a Bar-exam level of detail.