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A civil court lacked inherent subject-matter jurisdiction over a dispute. Can its finding on that…

Res judicata requires an earlier adjudication by a competent court. An inherent lack of subject-matter jurisdiction is not cured by consent or a failure to appeal.…

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A civil court lacked inherent subject-matter jurisdiction over a dispute. Can its finding on that dispute operate as res judicata between the parties?

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Answer and explanation

Correct answer B

Res judicata requires an earlier adjudication by a competent court.

An inherent lack of subject-matter jurisdiction is not cured by consent or a failure to appeal. Territorial and pecuniary objections have separate rules under section 21.

Option feedback

Option A

A competent trial court can decide an issue with res judicata effect. Prior adjudication need not be appellate.

Option B

Section 11 requires prior adjudication by a competent court. That prerequisite is absent here.

Option C

Participation in a contested hearing cannot confer inherent jurisdiction.

Option D

Expiry of the time to appeal does not cure a lack of inherent jurisdiction.

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