Jurisdiction, Procedural Principles, and Rights in Civil Proceedings

Posted on Nov 7, 2024 in Law & Jurisprudence

Jurisdiction

State courts hold the power to judge and execute judgments fairly, ensuring independence and objective disinterest. This power aims to perform legal proceedings and achieve res judicata. Constitutional Principles of Jurisdiction:

  1. State monopoly.
  2. Reserved jurisdiction.
  3. Exclusive jurisdiction.
  4. Unity of jurisdiction.

The Legal Process

The legal process comprises a series of events and phases in the exercise of the judicial function. Classes of Processes:

  1. Declarative and advisory process.
  2. Execution process.
  3. Interim process.

Principles of Legal Process: These principles form the foundation of the judicial function.

  1. Legal and Natural Principles: Due process, hearing, and equality of parties.
  2. Technical-Legal Principles: Proper procedure, designated officers, service of process, investigation, impartial judge.

Principles of Procedure

  • Preclusion: Specific acts must be performed at certain procedural stages. Failure to do so results in the loss of the ability to perform them later.
  • Eventuality: Parties can present multiple requests or defenses simultaneously, allowing some to succeed even if others fail.
  • Immediacy: The judge must have direct interaction with the parties and others involved.
  • Concentration: Procedural steps should be performed in a single act, such as a hearing or trial.
  • Publicity: Proceedings should be accessible to third parties (absolute publicity) and the involved parties (relative publicity).
  • Impetus of Proceedings: The court, not the parties, is responsible for advancing the process.

Basic Rights of Individuals

Individuals involved in legal processes have fundamental rights:

  1. Right to Access Courts: The right to seek protection from the courts.
  2. Right to Due Process: The right to initiate, develop, and conclude proceedings fairly.
  3. Right of Action: Monist theories see this as inseparable from the substantive right, while dualist theories distinguish between the right and the action to enforce it.

Right to Effective Judicial Protection

Article 24.1 of the Constitution guarantees effective judicial protection and prohibits helplessness. Effective remedy includes:

  1. Access to courts.
  2. Obtaining a well-founded decision.
  3. Decision on the merits.
  4. Legal remedies.
  5. Implementation of judgments.
  6. Precautionary measures.

Prohibition of Helplessness: This requires:

  1. Violation of a procedural rule.
  2. Deprivation or limitation of defense means due to the violation.
  3. Helplessness not attributable to the defendant.
  4. Final and irreparable helplessness.
  5. The alleging party must specify the lost defense.
  6. Trial advocacy in litigation.

Claim and Action

The claim is procedural, distinct from the extra-procedural concept of action. A claim arises when a process begins. Differences between action and claim:

  1. Action is a constitutional right (Article 24), while a claim is a procedural act.
  2. A claim is effective only when founded, while action has immediate effect.
  3. Action requires legal standing, while a claim requires specific legitimacy.
  4. The state bears the responsibility for action, while the defendant bears the responsibility for the claim.
  5. Action is pre-trial and a recognized right, while a claim is purely procedural.

Purpose of Civil Proceedings

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