Court system, jurisdiction and competence
Court system, jurisdiction and competence
This domain tests where a case belongs and whether the court can lawfully decide it. Distinguish subject-matter jurisdiction, territorial jurisdiction, and competence to sit.
Core rules
- Subject-matter jurisdiction is set by law and cannot be created by agreement; it is generally non-waivable.
- Territorial jurisdiction links the dispute to a place, usually the defendant's domicile, place of performance, or place of the harm.
- Hierarchical jurisdiction allocates first instance and appeal; an appellate court normally reviews law and may review facts only as statute allows.
- Competence includes personal and functional competence: a judge may be disqualified for bias, kinship, or prior involvement.
- Conflicts between courts are resolved by prescribed priority rules; transfer is allowed only where the receiving court has jurisdiction.
- Res judicata bars relitigation of the same claim, parties, and cause of action once a final judgment exists.
Worked example
A buyer and seller in different districts dispute a sale; the contract fixes delivery in District X and the claim exceeds the small-claims threshold. The court in X has territorial jurisdiction because performance is there, and the ordinary court has subject-matter jurisdiction because the amount exceeds the limited threshold. Agreement cannot give jurisdiction to a court that lacks subject-matter power.
Traps
Confusing venue with jurisdiction; assuming consent cures subject-matter defects; raising disqualification too late; ignoring appeal time limits; treating a non-final order as res judicata.