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ASS 1

1. What are provisional remedies?


=== are writ and processes (temporary, auxiliary, and ancillary) available durin
g the pendency of an action.
What is the purpose of these provisional remedies?
===to preserve and protect certain rights and interests pending the result of th
e final judgment in the case.
2. What are the kinds of provisional remedies?
Briefly explain each.
Preliminary Attachment p146
Preliminary Injunction p151
Receivership p155
Replevin p157
Support pendente lite 159
3. Define Preliminary Attachment.
Give its nature and purpose. p146
4. What are the kinds of attachment? p147
5. Enumerate the grounds for the issuance of a writ of attachment. p147
6. When can we apply for a writ of attachment? p147
Who can appy the same? p147
What courts have jurisdiction to issue it?
7. Can a writ of attachment be issued ex-parte?
8. What are the requisites for the issuance of a writ of attachment?
9. Explain the rule on prior and contemporaneous service of summons with the wri
t of attachment.
10. How do you prevent the issuance or implementation of a writ of attachment?
How do you discharge the same?
11. What are the remedies against a wrongful or improper attachment of a propert
y?
12. Explain the proceedings in case the property attached is being claimed by a
3rd person.
13. When is garnishment allowed?
Differentiate preliminary attachment from Final attachment
ASS 2
1. What is the nature of a preliminary injunction? Differentiate it from a main
action for injunction.
2. What are the requisites for the issuance of a writ of preliminary injunction?
Differentiate prohibitory and mandatory injunctions.
3. May a writ of injunction be issued ex-parte? How about a temporary restrainin
g order (TRO)?
4. What is the lifetime of a TRO issued by RTC, CA, or SC?
5. Enumerate the instances when the issuance of an injunction or TRO is not allo
wed.
6. How do you dissolve a writ of preliminary injunction or restraining order?
7. What is the nature of the provisional remedy of receivership?
8. What is the function of a receiver?
What are the powers and duties of a receiver?
9. May a receiver be appointed ex-parte?
10. When is the appointment of receiver allowed?
Cite the instances and explain each.
11. When should the receivership be terminated?