What is the captain of the ship doctrine?

*
Under the Captain of the Ship rule, the operating surgeon is the person in complete charge of the
surgery room and all personnel connected with the operation. The head surgeon is made responsible for
everything that goes wrong within the four corners of the operating room. It enunciates the liability of
the surgeon not only for the wrongful acts of those who are under his physical control but also those
wherein he has extension of control.

What is res ipsa loquitor? *

Under res ipsa loquitor, where the thing which causes injury is shown to be under the management of
the defendant, and the accident is such as in the ordinary course of things does not happen if those who
have the management use proper care, it affords reasonable evidence, in the absence of an explanation
by the defendant, that the accident arose from want of care.

Distinguish pledge from antichresis. *

Pledge involves personal property while antichresis involves real property. As to the perfection of the
contract, pledge requires delivery of the thing pledged while mere consent is sufficient for antichresis.

Distinguish judgment on the pleadings and summary judgement. *

Judgment on the pleadings is based exclusively upon the pleadings without the presentation of any
evidence, while summary judgment is based not only on the pleadings but also upon affidavits,
depositions, and admissions showing that there is no genuine issue except as to the amount of
damages. Judgment on the pleadings may only be prayed for by the plaintiff or claimant, while a
summary judgment may be prayed for by a defending party.

When does the court use the "transcendental issue" principle? *

Where the issues are of overreaching significance to society or of paramount public interest, not only to
the public but also to the Bench and the Bar, they should be resolved for the guidance of all. Courts may
relax the standing requirements and allow a suit to prosper even where there is no direct injury to the
party claiming the right of judicial review.

Compare the effects of a denial of a demurrer to evidence in a civil

case from a denial of the same in a criminal case. *
In a criminal case the filing of a demurrer to evidence results in the waiver of the accused to adduce
evidence if the filing was without leave and the same is denied, while in a civil case the filing of a
demurrer to evidence does not need leave of court and its denial will not result in a waiver of the
defendant to present evidence.