Practice question
During the Rule 41 residual stage, a losing party asks the RTC to reverse the precise merits determination under appeal, labeling the request a protective order. What is the best assessment?
- The label makes every requested reversal valid.
- Every merits issue can be retried under residual jurisdiction.
- The appeal disappears once the motion is filed.
- The court must examine substance: the protective-order power excludes matters litigated by the appeal.
- The clerk may reverse the merits without a judge.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 41, Section 9; Rule 42, Section 8(a).
Answer this question in flashcards to review your response and continue practicing.