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Problems.

1. Define Cause of Action. Distinguish from Right of Action.


A cause of action involves a right of the plaintiff and a violation of this right by
the defendant. Without a right and a violation of this right, there can be no cause of
action, and without this cause of action, there would be no right to a file a suit against
the defendant. Cause of action refers to an act or omission by which the party violates
the right of another.

The right of action on the other hand, is the right to file a suit. The right of
action which is procedural in character is the consequence of the violation of the right of
the plaintiff.

Hence, the rule: There is no right of action where there is no cause of action.

2. When is a complaint deemed filed?

A civil action is commenced by the filing of the original complaint in court. If an


additional defendant is impleaded in a later pleading, the action is commenced with
regard to him on the dated of the filing of such later pleading, irrespective of whether
the motion for its admission, if necessary, is denied by the court.

3. What is the Totality Rule?

Where the claims in all the causes action are principally for recovery of money,
the aggregate amount claimed shall be the test of jurisdiction. (Sec.  5[d], Rule 2)

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