Jurisdiction of Courts, Judges, & Parties in Legal Proceedings
The Jurisdiction of the Courts
The exercise of judicial functions by the state is carried out through courts, whose jurisdiction is defined by the Constitution and law.
These courts administer justice. Their function can be understood in two ways:
- Objective: The sphere of powers and duties defined by law.
- Subjective: The person acting on behalf of the court (the judge).
Judges are the primary figures in courts.
Classes of Courts
Venezuelan law distinguishes various types of courts:
- Based on Number: Ranging from single entities (like the Supreme Court of Justice) to multiple organs of the same type.
- Based on Duration: Permanent (established by the Organic Law of Judicial Power) or temporary.
- Based on Internal Structure: Single-person or collegiate.
- Based on Jurisdiction: Upper or lower courts.
The Judge
A judge is a public official authorized to exercise judicial functions assigned by the Constitution and laws.
Modification of Competition
Modification of competition, essentially private, arises from relationships between two or more cases.
This requires examining the relationships between causes and their treatment under the new code.
Litisdependencia
Litisdependencia represents absolute identity between two or more causes, sharing three elements: subject, object, and title. It’s not multiple identical causes, but the same cause presented to two judicial authorities.
Examples:
- A creditor pursuing the same debt from the same debtor before two different judges.
- An easement demand against an estate owner in one court, while the owner files a counter-suit in another.
Continence
Continence, or partial continence/lis pendens, occurs when a larger cause (continent) encompasses a smaller one (contained). For example, a creditor seeking interest on a loan in one court, then pursuing the principal in another.
Generic Connection
Generic connection exists when causes share one or two elements (subject, object, title). It differs from litisdependencia (requiring all three elements) and continence.
Specific Connection
Specific connection (Articles 48, 48, and 50 of the CPC) shifts competition from one or more judges to another. It involves a unit of procedural legal relationships and autonomy of parties, where actions of one party don’t affect others.
Incidental Nature
Incidental nature describes a relationship where one cause is subordinate to another. Unlike continence, the decision in the accessory cause doesn’t necessarily determine the primary cause’s outcome.
Collateral or Guarantors
These are treated as accessory, where the defendant in the main case is the plaintiff (guaranteed) in the warranty case, involving a guarantor if the debtor’s assets are insufficient.
Prejudiciality
Prejudiciality is the relationship between a root cause and a referred cause, where the decision in one is necessary for the other (res judicata). It involves preliminary matters that can halt the main process until resolved.
Compensation
Compensation is a way to terminate obligations when two parties are mutually indebted, extinguishing debts through reciprocal offsetting.
The Counterclaim
A counterclaim occurs when the defendant asserts a claim against the plaintiff within the same process.
Guarantees and Powers of the Judges
Inhibition
Inhibition is a judge’s duty to recuse themselves from a case due to a special position or relationship with the parties. It’s characterized by:
- Being a judicial act within the process.
- Being the judge’s duty, not enforceable by parties.
- Creating an incident resolved by the judge’s separation.
Grounds for inhibition are similar to disqualification (Article 82 of the CPC).
Causes of Inhibition and Disqualification
- Consanguinity with any party.
- Affinity with a party’s spouse within the second degree.
- Kinship or affinity with a party’s challenged spouse.
The Challenge
The challenge is a party’s power to request a judge’s exclusion due to a specific relationship or position, especially when the judge hasn’t inhibited themselves. It’s similar to inhibition in its effects and limitations.
Form of Objection
The challenge is presented to the court, outlining the causes (Article 92 CPC). The law limits the number of challenges in a single instance to prevent abuse.
Parties
The concept of “party” has various meanings in law. In contracts, it refers to those giving consent. In civil procedure, it’s a more complex notion, with parties being the active and passive subjects of the lawsuit.
The Ability to Be a Party
In modern law, legal capacity is the rule. All persons and corporations are subjects of legal relations. Legal personality is acquired by birth (for natural persons) and by legal recognition (for legal persons).
Procedural Capacity
Procedural capacity is the ability to exercise rights in legal proceedings (Article 136 CPC).
Plurality of Parties
Every process requires at least two parties: a plaintiff and a defendant. Multiple parties create joinder, categorized as:
- Active Joinder: Multiple plaintiffs.
- Passive Joinder: Multiple defendants.
- Mixed Joinder: Multiple plaintiffs and defendants.
- Necessary Joinder: When a legal status involves multiple subjects, requiring all to be involved in proceedings (e.g., dissolving a community).