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Remedial Law Mock Bar Exam June 8, 2019.pdf

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  Suggested Answers to Remedial Law Mock Bar Exam  1.Aggrieved by a decision of the Regional Trial Court in an action which is incapable of pecuniary estimation, the legal issue was brought directly to the Supreme Court. The same was opposed by the prevailing party contending that the action is misplaced and, furthermore, he argued that such action violates the doctrine of hierarchy of courts. The said doctrine, he adds, is inviolable. (A)As counsel for the aggrieved party, how do you argue to sustain your client’s  action in view of the opposition of the prevailing party? (3%) (A)As counsel for the prevailing party, how do you defend your version that the action of the aggrieved party is misplaced? Reason. (2%)    Suggested Answer (A) As counsel for the aggrieved party, I would argue that the doctrine of hierarchy of courts is not inviolable. Jurisprudence provides that direct petition to the Supreme Court may be availed of when petitioners have no other plain, speedy and adequate remedy.  Suggested Answer    (B) As counsel for the aggrieved party, I would argue that there is no showing that there is no other plain, speedy and adequate remedy. Also issues raised before the Supreme Court involves questions of facts.
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