10 Questions
What is the primary purpose of a Small Claims Court?
To make the judicial system less expensive and more accessible to all.
Why does the Small Claims Court sit after ordinary office hours?
To ensure that litigating parties do not lose time and wages by having to take leave from work.
Why is legal representation not allowed in the Small Claims Court?
To reduce costs by allowing the parties to conduct their own cases.
Who presides over the Small Claims Court cases?
A commissioner, who is not a salaried state official.
Can a juristic person or corporation act as a plaintiff in the Small Claims Court?
No, only a natural person can be a plaintiff.
What are the causes of action that the Small Claims Court may adjudicate on, according to section 15 of the Small Claims Court Act?
Actions for delivery or transfer of movable or immovable property, actions for ejection against the occupier of a premises or land, actions based on liquid documents or mortgage bonds, actions based on credit agreements, and other actions not already mentioned.
List three causes of action that are totally excluded from the Small Claims Court's jurisdiction as per section 16 of the Act.
Cases related to dissolution of marriage, cases regarding validity or interpretation of wills, cases regarding mental capacity of a person, cases seeking specific performance without alternative claim for damages, and cases claiming damages for libel, malicious prosecution, seduction, or breach of promise to marry.
According to section 14(1) of the Small Claims Court Act, in what circumstances does a specific Small Claims Court have jurisdiction in respect of the person of the defendant?
When the person resides, carries on business, or is employed within the court's jurisdiction area; when the cause of action arose wholly within the jurisdiction area; when the defendant appears and does not object to the court's jurisdiction; when the person is the owner of fixed property in the court's jurisdictional area in an action related to the property or a mortgage bond thereon.
Under what circumstances can a Small Claims Court not hear a case, according to section 14(2) of the Act?
No action may be instituted in a Small Claims Court if the cause of action arose from the same facts and circumstances and the same parties as a previously instituted action that was withdrawn or dismissed.
What type of cases can be considered for a counterclaim in the Small Claims Court?
Actions related to delivery or transfer of property, ejection against an occupier, liquid documents or mortgage bonds, credit agreements, and other actions not explicitly excluded from the court's jurisdiction.
Learn about the primary purpose of Small Claims Court, which aims to make the judicial system more affordable and accessible. Discover how the court operates outside of regular office hours to accommodate working individuals and reduce costs by allowing parties to represent themselves.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
