Civil Procedure Assignment 01/22/08

1. What are the 2 kinds of execution?
2. May an execution issue upon an interlocutory order?
3. What is a final order?
4. What is an interlocutory order?
5. What is the effect of a timely appeal on the judgment appealed from?
6. How may a final and executory judgment be enforced?
7. What court must execution be filed?
8. What is the remedy of the judgment obligee if the trial court refuses to issue writ?
9. What are the instances where even if judgment is already final and executory, court may still refuse to issue writ?
10. What is a dormant judgment?
11. What is the remedy if judgment is not executed within 5 years?
12. What are the requisites pending appeal?
13. What court should the motion pending appeal be filed?
14. May execution pending appeal be stayed? How?
15. Cite reasons that may justify execution pending appeal.
16. How may execution be enforced in case of death of a party?
17. Who is a third party claimant?
18. What is a third party claim? A claim by the civil defendant/respondent against a party not already named in a court or other adversarial proceeding.
19. Is there a right of redemption when the property of the judgment debtor has been sold?
20. Who can redeem?