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Oblicon Notes: Words

This document defines key legal terms and discusses the concept of cause of action. It states that a cause of action is considered present based on the sufficiency of the allegations in the complaint, not their veracity, and will be examined at trial. A cause of action exists only when the legal right itself has been violated. It distinguishes between a cause of action, governed by procedural law, and a right of action, which depends on substantive law and accrues once all facts constituting the cause of action have occurred.

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30 views

Oblicon Notes: Words

This document defines key legal terms and discusses the concept of cause of action. It states that a cause of action is considered present based on the sufficiency of the allegations in the complaint, not their veracity, and will be examined at trial. A cause of action exists only when the legal right itself has been violated. It distinguishes between a cause of action, governed by procedural law, and a right of action, which depends on substantive law and accrues once all facts constituting the cause of action have occurred.

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OBLICON Notes

Words:
 Juridical – relating to judicial proceedings and the administration of the law.
 Prestation – payment in money or services; a duty to do or not do something in
fulfillment of an obligation, or the performance of such a duty.

Article 1156. An obligation is a juridical necessity to give, to do, or not to do.


“to maintain an action” – to continue a lawsuit and see it through until its final conclusion.

“The presence of a cause of action rests on the sufficiency, and not on the veracity, of the
allegations in the complaint, which will have to be examined during the trial on the merits.”
This means that a cause of action or a WRONG which is defined as the act/omission of one
party in violation of the legal right of another and causing INJURY to the latter is
considered to be PRESENT not because it is necessarily TRUE since this is to be
proved/disproved in trial but has the sufficient three elements namely, a legal right in favor
of the plaintiff, the obligation of the defendant to not violate that right, and the said cause of
action
OTHERWISE
It is vulnerable to a motion to dismiss on the ground of failure to STATE the cause of action.
(Stating the cause of action is important to seeing the case through)

Cause of action exists only when the right itself has been violated.

Cause of action versus right of action (right to commence and maintain an action)
CAUSE of action – governed by the procedural law (rules used to enforce rights and
responsibilities)
RIGHT of action – depends on substantive law (defines people’s rights and responsibilities)

“The right of action springs from the cause of action, but does not accrue until all the facts
which constitute the cause of action have occurred.” (???)

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