Regardless of the number of shares held, a stockholder may file a derivative suit for and in behalf of the

corporation to enjoin a corporate act which is prejudicial to the interest of the corporation if he has no
other remedy and either because the Board refuses to act or the Board itself is involved in the
questionable corporate act. This remedy must be exercised after all administrative remedies should
have been exhausted.

What are the limitations of rule-making power of the Supreme Court?

1. The rules must be simplified and inexpensive for the speedy disposition of cases.
2. The rules must be uniform in all courts of the same grade.
3. The rules must not diminish, increase or modify substantive right.

Distinguish factum probandum from factum probans?A

Factum probandum is one which refers to the ultimate facts or the proposition to be established while
factum probans are the evidentiary facts by which the factum probandum will be proved.

Distinguish civil action from special proceeding.

A civil action is one in which a party sues another for the protection or enforcement of a right, or for the
prevention or redress of a wrong.

A special proceeding is one where a party seeks to establish a status, a right, or a particular fact.

What is jurisdiction?

Jurisdiction is the power of the court to hear, try and decided cases. In its expanded concept, it also
includes the power of the court to execute its decisions, which is the most important part of litigation.

Distinguish error of jurisdiction from error of judgment.

Error of jurisdiction is committed by a court having no jurisdiction when it renders orders or judgment
while error of judgment presupposes that the court has jurisdiction to try the case but renders a
wrongful judgment because of misappreciation of facts or evidence necessary for the resolution of the
case.