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