Tuesday, June 17, 2008

Law's Archaic Language

In law school, one subject I had difficulty with was Remedial Law. This area in law mainly covers Civil Procedure, Criminal Procedure, Special Civil Action, Provisional Remedies and Evidence. It is a very important area of the law every lawyer must have a working familiarity with.

I have no beef about anything that is painstakingly difficult, to which the study of law is, most of the time. A dose of self-discipline and common sense will do.

But, my golly, studying Philippine Remedial Law is like self-flagellation on Holy Week, unnecessarily punishing and brutal, not so much on the complexity of the law but on how authorities have written the rules in cumbersome legal language and process, and in some way, a color of elitist pretense. Perhaps that's what happens when laws are made under a legal system that is still largely elitist or, to some extent, out of touch with ordinary people's lives.

To see what I mean, you may google search the US Federal Rules of Civil Procedure and the Philippine Rules of Civil Procedure, and compare both. Just get a feel of how these two sets of rules are written, and you'll know what I mean. The US rules are definitely simpler than our own rules.

Tags: Remedial Law

7 comments:

casualfridays said...

hola! i am just about to start my self-flagellation this year... what book would you recommend? Herrera? Regalado? I bet you'd agree that finding the 'right book' will at least ease the tortous pain of civil procedure... :)

nice site, btw. ;)

barops said...

Oh thanks casualfridays! I recommend Dean Willard B. Riano's book in Civil Procedure (Rex Bookstore). It was what my professor in Remedial Law Review used last year. It's annotations have also been quoted by some judges. I browsed through it, it's really good, a very clear and well-organized book. He also authors reviewers in Criminal Procedure and Evidence.

Another excellent study material in Remedial Law is Lakas Atenista's transcription of the late Ateneo de Davao College of Law dean Hildegardo F. Iñigo's lectures. Very comprehensive and easy to read, and is well-grounded on litigation realities. I have a copy, but I don't have permission to reproduce it.

Good luck!

boytoy said...

hello there...
ive been trying to find a copy of Lakas Atenista's transcription of the late Ateneo de Davao College of Law dean Hildegardo F. Iñigo's lectures, still as of now unsuccessful...

how can i have a copy of those?

Anonymous said...

hi! i was once the editor of Lakas Atenista Transcriptions and i am glad that you are looking for them. they are usually updated at the opening of the school year and you can order them from a Lakas member. you may also try to reach them thru their Facebook account.

Lakas Atenista said...

FOR SALE
Remedial Law Transcriptions of LAKAS ATENISTA from the lectures of the late
Dean Hildegardo F. Iñigo of Ateneo de Davao University College of Law.


Civil Procedure (2 vols)
Criminal Procedure
Evidence
Provisional Remedies and Special Civil Actions
Special Proceedings

Call or text 09333695810
look for Julie
or email us at lakas.atenista.acads@gmail.com




Also Available:

Criminal Law (1 & 2) - Dean Iñigo

Labor Standards - Fr. Nazareno

Labor Relations - Fr. Nazareno

Corporation Law - Fr. Nazareno

Constitutional Law (1 & 2) - Atty. Montejo

Constitutional Law (1 & 2) - Atty. dela Banda

Administrative Law - Atty Elman

Pub. Officers and Corporations - Atty. Elman


We also deliver (standard shipping rates will apply)

Call or text 09333695810
look for Julie

or email us at lakas.atenista.acads@gmail.com

Anonymous said...

I recommend the book of Atty. Willard Riano regarding Remedial Law. He is a good author.

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