Questions from TORTS&DAMAGES Reviewer

Rule on prejudicial question. What is interference of contractual relations? What is the remedy of the party whose contract was interfered? What can be the defense of the party alleged to have interfered the contractual relations? Define nuisance. Classification of nuisance. Define nuisance per se. Define nuisance per accidens. What is the liability of a successive owner who fails to abate a nuisance? Remedies of a person injured by a nuisance. Can a nuisance be legalized? May an action for abatement of nuisance be extinguished by prescription? Remedies against public nuisance. Remedies against private nuisance. Can a private individual effect extrajudicial abatement of private nuisance? If yes, how? Requisites of extrajudicial nuisance. Duty of a district health officer re public nuisance. Duty of the municipal/city mayor re nuisance. Can a private individual institute a civil action to abate a nuisance? When does a person abating a nuisance become liable? Doctrine of attractive nuisance.

Works not protected. When should an intellectual creation be copyrighted? What is the effect of the failure to have an intellectual creation copyrighted? What is the duration of a copyright? 9 instances. What is infringement of copyright? What is plagiarism? What can be done by the aggrieved party in case of infringement of his creation? Define patent. Nature of patent. Who may apply for patent? Rights of a patentee. Define trademark, trade name, service mark. When can a trademark not be registered? Doctrine of secondary meaning. 5 remedies in case of infringement. Unfair competition.

How should we exercise our rights? What is a legal wrong? Is breach of promise to marry an actionable wrong? May a wife who deserted her husband and who subsequently married another abroad be sued under Article 21? What is solution indebiti? Whose protection do the courts need to be vigilant about? Social justice Salus populi est suprema lex Parens patriae Rule on thoughtless extravagance Can the court motu proprio stop thoughtless extravagance? What acts constitute breach of ones dignity, personality, privacy, or peace of mind? Remedy? Can the Ombudsman be compelled my mandamus to file a case against a town mayor for alleged rape? Can a policeman be sued under Article 27 for failure to arrest an accused in a criminal case? Can a mayor compel his absentee councilors, through mandamus, to attend their sessions in order to discuss and approve an ordinance? Is the duty to register a deed of sale (or any document needed to be registered in the Register of Deeds) ministerial or discretionary? Rule on unfair competition Rule when accused is acquitted in the criminal action Can offended party file a civil action before the criminal action? Rule on separate civil action based on criminal act. Rule on civil action arising from contractual obligation. Instances where independent civil action is allowed 19 rights and liberties of a person. Can the civil aspect of a criminal case be reserved? When? Rule on refusal/failure of police to give aid or protection. As to liability. What is the protection of a person against malicious prosecution? What is a prejudicial question?

Dual aspects of a crime: Is there a compensation for the commission of injuries? Who are subsidiarily liable for civil liability under Article 102 & 103 RPC? What are the requisites for subsidiary liability under Article 102 RPC? Requisites in order that an employer may be liable for the employees civil liability Can there be a separate civil action for BP22? Effect of death of the accused. When criminal action is instituted, civil action is deemed included therein. What are the exceptions? Is the criminal and civil liability of the accused terminated on account of his death during the pendency of the appeal? Is an insane person liable for the crime he committed? Liability of minor offenders. How is restitution made? How is reparation made? What is included in indemnification?

Who owns the intellectual creation? o o o o As to the author Composer Painter, sculptor, artist Scientist/ technologist

When shall the author, composer, painter, sculptor, artist, scientist, or technologist acquire ownership over their creations? Who owns a letter or any private communications? What is copyright? 15 protected works