Civil Procedure - Jurisdiction, Service, Res Judicata and Appeals
Civil procedure questions test the conditions for a valid action and the consequences of procedural defects. The examiner rewards precision about who may raise an objection, when, and with what effect.
Core rules
- Jurisdiction has three dimensions: subject-matter, value, and territory. Subject-matter jurisdiction is a matter of public order and may be raised at any stage; territorial objections must be raised before any defence on the merits.
- An arbitration clause bars the action only if pleaded in limine; the court then declines jurisdiction.
- Conditions of action: legal interest, capacity, standing, and a specified claim.
- Service must reach the defendant personally or at a valid elected domicile; defective service grounds nullity only where it caused prejudice.
- Res judicata requires identity of parties, subject matter, and cause; it bars a second action and binds the court.
- Each party bears the burden of proving its own facts; experts advise but do not bind the court.
- Appeal is generally suspensive; cassation reviews legal grounds only, not fact-finding.
Worked example
A defendant is served at an address she left two years earlier; judgment goes against her by default. She appeals, pleading invalid service. The court finds the bailiff had the new address on file and did not attempt it. Service is invalid; prejudice is presumed because she never appeared. The default judgment is set aside and the case remanded. If instead the bailiff had properly served a relative at the correct address, the defect would be cured by actual knowledge, and the appeal on that ground would fail.
Traps
Raising territorial jurisdiction too late; claiming nullity without showing prejudice; confusing appeal (facts and law) with cassation (law only); forgetting that res judicata requires identity of all three elements.