Civil Court Structure: Terminologies and Types

Property disputes, contract violations, financial transaction transgressions, small omissions, and other disputes fall under the category of civil wrongs and are handled through civil procedure. In these situations, the parties who have been wronged should file civil lawsuits. Law courts dispense justice by taking the nature of the wrongdoing into account. In civil courts, wrongs are corrected by awarding injunctions, compensating the harmed party, or paying damages.

Key Takeaways

• Trial courts are usually at the bottom of a hierarchical system that includes appellate courts above them and sometimes a supreme court at the absolute top for civil courts. Decisions from subordinate courts may be appealed to higher courts under this system.
• Courts have limitations on the types of cases they can hear and the geographical area they cover. There are three main jurisdictions: territorial jurisdiction, subject matter jurisdiction, and pecuniary jurisdiction.
• All people should have access to civil courts. This might entail tools to aid individuals in understanding the legal system, getting legal counsel, and navigating the court system.
• The outcome of a civil case typically settles the parties’ disagreements. This ruling might entail splitting property, prescribing particular activities, or giving monetary damages.

• Plaintiff: The one who initiates a civil case against another party.
• Defendant: The one who is the target of the case.
• Plaint: The plaintiff’s document presenting their version of events.
• Written Statement: The defendant’s response to the complaint.
• Appellant: The one who files the appeal.
• Respondent: The one who is the other party against whom the appeal has been filed.
• Prosecution: This represents the interests of the criminal victim. They file the case.
• Defense: The accused’s position.
• Application: A paper requesting immediate, urgent relief. Either the defendant or the plaintiff may file it. It may be submitted in between the court hearings, together with the written declaration or complaint. A plaint is usually used when filing an application (after a lawsuit has been filed). An applicant is a person who submits an application, while a respondent is a person who is the target of an application.
• Interim: In between the proceedings.
• Arrested and Accused Person: A person is referred to as an arrested person when they are taken into custody by the police during an inquiry simply on the presumption that they have committed a crime. A person’s arrest may not always translate into a conviction. An arrested individual becomes an accused when there is substantial evidence collected against them and a trial is started.

The term “jurisdiction” refers to a court’s authority to hear cases and petitions. Following mentioned are the types of jurisdiction:

1. Territorial Jurisdiction: Refers to the geographic area over which a court has authority to hear and decide cases. It determines whether a court is legally permitted to handle a case based on where the events occurred or where the parties reside.

2. Pecuniary Jurisdiction: Sets the monetary limits within which a court can handle claims for money. It ensures that cases involving specific amounts are heard by the appropriate court, often preventing overcrowding of higher courts with smaller financial disputes.

3. Original Jurisdiction: Grants a court the authority to hear and decide a case for the first time. This means the court has the power to examine evidence, hear testimony, and make a final decision without needing a prior ruling from another court.

4. Appellate Jurisdiction: Empowers a court to review decisions made by lower courts. Instead of re-examining the facts of the case, appellate courts assess whether legal errors were made during the trial process or if the lower court’s decision was based on incorrect interpretations of law.

5. Subject Matter Jurisdiction: Defines the types of cases a court is authorized to hear based on the subject matter involved. It ensures that cases are heard by courts with the appropriate expertise and authority, such as criminal law matters being heard by criminal courts and family law matters by family courts.

Res Sub Judice

Section 10 of the Code of Civil Procedure, 1908 implores that any other court cannot consider a case involving the same parties that is pending in a court of law for adjudication as long as the first action is ongoing. It is grounded in the ideas of justice, equity, and good conscience.

For example:

• Imagine a dispute between two parties over ownership of a piece of land.
• Party A files a lawsuit in Court X seeking a declaration of ownership.
• While this case is pending in Court X, Party B files a similar lawsuit in Court Y regarding the same land and the same parties.
• However, Court Y, in accordance with Section 10 of the Code of Civil Procedure, 1908, would decline to proceed with the case until the matter pending in Court X is resolved.
• This ensures that the same issue is not litigated simultaneously in multiple courts, avoiding conflicting judgments and promoting judicial efficiency.

Res Judicata

It is defined as “something that has been decided” and appears in Section 11 of the Code of Civil Procedure, 1908. This theory prevents the trial of a later lawsuit based on the same cause of action between the same parties. It is based on the concepts of the finality of litigation and the conclusiveness of a ruling.

For example:

• Suppose Party A sues Party B for breach of contract, claiming that Party B failed to deliver goods as per their agreement.
• The case goes to trial, and the court issues a judgment in favor of Party A, ordering Party B to pay damages for the breach.
• Later, Party A files a second lawsuit against Party B, seeking damages for the same breach of contract.
• In this scenario, the principle of Res Judicata, as outlined in Section 11 of the Code of Civil Procedure, 1908, would prevent the second lawsuit from proceeding because the matter has already been adjudicated by a competent court, and the parties cannot re-litigate the same cause of action.

The distinction between Res Sub-Judice and Res Judicata is that Res sub judice relates to cases that are still ongoing in court, whereas res judicata refers to cases that have already been determined.

In conclusion, understanding the principles of Res Sub Judice and Res Judicata within the framework of the Code of Civil Procedure, 1908 is crucial for navigating the civil justice system effectively. Res Sub Judice prevents simultaneous litigation of the same issue in multiple courts, promoting judicial efficiency and avoiding conflicting judgments. On the other hand, Res Judicata ensures the finality of litigation by preventing the re-litigation of matters already decided by competent courts, emphasizing the conclusive nature of legal rulings. By adhering to these principles, civil courts uphold the integrity of the legal process, promote fairness, and provide resolution to disputes in a manner that respects the rights and interests of all parties involved.

What does a civil court exist for?

A civil court is a court of law that handles disputes between private individuals or businesses as opposed to criminal activity. It handles disputes involving finances, debts, real estate, housing, etc.

Who is the district’s top authority in a civil court?

In the district, the District Judge is the highest judicial authority, and the District Court is the highest civil court.

What do criminal and civil courts do?

In civil law, the aggrieved person or the complaint brings a lawsuit against the offender. A court of law hears the prosecution of the accused under criminal law. Unlike criminal law, which has penalties, civil law does not have any; instead, the aggrieved person is compensated and the issue is settled.

What duties do civil courts have in their main capacities?

A civil court is a legal forum that handles disputes between private parties or people as opposed to criminal cases. It deals with issues related to finances, loans, real estate, and housing, among other things.

What is the maximum time limit for a civil case?

Generally, a civil lawsuit can only be filed three years after the cause of action first becomes apparent.

Reference:

• Legal Studies, Class XI- NCERT

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