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you are here: > Canonum De Ius Positivum
> Article 294
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VII. Law |
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| 7.9 Controversy of Law | ||
| Article 294-Controversy | ||
| Canon 3197 | ||
| A Controversy is a form of public dispute against at least two opposing sides concerning one or more matters of presumption. Any matter for adjudication before a court is by definition a controversy. | ||
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| Canon 3198 | ||
| The word controversy comes from the Latin controversia meaning "dispute, argument or debate". | ||
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| Canon 3199 | ||
| The resolution of a Controversy is through the acceptance or rejection of the various presumptions of all parties through acceptable form of argument and debate by administrative procedure until the evidence weights in favor or against the presumptions of one party. | ||
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| Canon 3200 | ||
| The party that first brings the Controversy is called the Accuser, from the Latin accuso meaning "to rebuke, criticize, claim fault or pursue through legal process". | ||
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| Canon 3201 | ||
| The party that is called to answer a Controversy is called the Accused or Reus or Re from the Latin reus meaning "the accused, defendant, guarantor, debtor or one responsible". | ||
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| Canon 3202 | ||
| There are only three (3) forms of Controversy being Civil, Criminal and Instructional: | ||
| (i) Civil Controversy is a form of public dispute against at least two opposing sides concerning one or more matters of presumption where the Government is not the Accuser; and | ||
| (ii) Criminal Controversy is a form of public dispute against at least two opposing sides concerning one or more matters of presumption where the Government is the Accuser; and | ||
| (iii) Instructional Controversy is a form of public dispute against at least two opposing sides concerning one or more matters of presumption of law and no compensation is sought other than pertaining to one or more issues of law. | ||
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| Canon 3203 | ||
| The party that first brings the Controversy retains all liability until the matter is resolved either for or against their presumptions. In matters involving a Controversy concerning a financial sum, the losing party of the argument normally is responsible for payment. | ||
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