General Theory of Procedure quizzes
How courts resolve disputes, from jurisdiction and legal claims to the roles of parties and safeguards for fair proceedings.
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From General Theory of Procedure: Jurisdiction and its limits · Concept and Features of Jurisdiction
In civil matters, courts are said to be 'inert.' What does that mean in practice?
- They act only when a party asks them to
- They act once a prosecutor approves the case
- They act whenever they learn of a dispute
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Answer: They act only when a party asks them to
Under the principle often stated as 'no judge without a plaintiff' (nemo iudex sine actore), a civil court cannot start a case on its own initiative.
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