During which part of the civil process is Jurisdiction and Competence established and/or objected to?
in the beginning of an appeal
pendente lite
in limine litis
presupposti processuali
Which Article in the COCP comes closest to giving us an explanation of jurisdiction and competence by distinguishing between the two pleas which can be brought before the court?
A. 174 (a)(b)(c)
A. 417 (a)(b)(c)
A. 741 (a)(b)(c)
A. 714 (a)(b)(c)
What is jurisdiction?
The general legal power of the courts of Malta to hear and decide disputes between two or more parties.
The general legal power of the courts of Malta to refer disputes between two or more courts.
The general legal power of the state to hear and decide disputes between two or more parties.
The general legal power of the Prime Minister to hear and decide disputes between two or more parties.
The main quality of jurisdiction is that it is:
Autonomous: exclusive to the judiciary and the courts of Malta
Inclusive: incorporating several powers of the state
Intrusive: interfering in the lives of the general public
Enthusiastic: based on legal initiative and judicial drive
The power confirmed by Jurisdiction includes: (choose 3)
The faculty of knowing
The faculty of documentation
The faculty of laws
The faculty of coercion
The faculty of deliberation
The faculty of dominion
The faculty of judicating
What is the traditional (historical) basis of Jurisdiction?
Effectiveness and Physical power
Efficency and Physical reality
Legality and Control
Selflessness and charity
What has been one of the notable doctrines in the application of Jurisdiction?
Forum non conveniens
Lis alibi pendens
Animus possidendi
Solutio indebiti
Notwithstanding the development from the traditional theory of Jurisdiction, why is presence still an important element in claiming jurisdiction?
In order to be able to execute a judgment
In order to find the person you are suing.
In order to contain the possible bad news from international media.
In order to curtail the costs of cross-border suits
What happened in the Case Spiteri vs. Spencer?
The Court argued that the fact that the vehicle involved in the accident was covered by a third-party insurance policy issued in Malta, made it possible for the judgement to be enforced here.
The Court argued that the fact that the vehicle involved in the accident was covered in mud, made it possible for the auto-dealer to sell it for cheap.
The Court argued that the fact that the vehicle involved in the accident was covered by a third-party insurance policy issued in Malta, was not enough ground for the judgement to be enforced here.
The Court argued that the fact that the vehicle involved in the accident was registered in the UK, made it impossible for the judgement to be enforced here.
The subjective theory of Jurisdiction tends towards:
The individualistic concept of jurisdiction, where there is a subjective right to protect.
The altruistic concept of jurisdiction, where the rights of others are the main concern.
The totalitarian concept of jurisdiction, where the state comes before any other consideration.
The objective theory of jurisdiction: (choose 2)
Tends towards the fulfillment of objective rights, where the rule is applied to the case and its realization by coercive measures.
Tends towards the fulfillment of legalistic conditions which objectively provide a right to the victim
Tends towards the object of the crime and not the subject of the crime.
Means that the court should have the right to claim or deny jurisdiction ex officio.
Choose the types of jurisdiction which exist:
Contentious and Voluntary Jurisdiction
Civil and Criminal Jurisdiction
Ordinary and Special Jurisdiction
Proper, Delegated and Extended Jurisdiction.
Physical Power Jurisdiction.
