Based on the 1997 Rules of Civil Procedure, as amended.
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Codal Analysis & Quiz Design Justification
This analysis justifies the number and focus of the quiz items based on the provided text of Rule 9, Sections 1 & 2.
Main Sections Analyzed: 2 (Section 1, Section 2)
Sub-Parts Identified: 3
Sec 1: General rule on waiver.
Sec 1: Four exceptions to the waiver rule.
Sec 2: Rule on barring compulsory counterclaims and cross-claims.
Distinct Legal Concepts Identified: 11
Waiver of defenses/objections by non-pleading.
Proper pleadings for defenses (motion to dismiss OR answer).
Exception 1: Lack of jurisdiction over the subject matter.
Exception 2: Litis pendentia (same parties, same cause).
Exception 3: Res judicata (prior judgment).
Exception 4: Prescription (statute of limitations).
Evidentiary basis for exceptions (pleadings OR evidence).
Court's mandatory duty to dismiss ("shall dismiss").
Barring of compulsory counterclaims.
Barring of cross-claims.
Distinction between "waived" (Sec 1) and "barred" (Sec 2).
Recommended Item Count: 25 items.
Justification: With 11 distinct concepts, a count of 25 items (avg. 2.2 items/concept) allows for comprehensive coverage. This includes creating T/F variations, testing boundary language (e.g., "or" vs. "and", "shall" vs. "may"), and crafting false statements based on concepts not mentioned (e.g., jurisdiction over the person, permissive counterclaims). This count substantially covers the excerpt as required, falling well within the 20-40 item range.