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Jurisdiction Vs Venue

This document defines key legal concepts and distinguishes between jurisdiction and venue. Jurisdiction refers to a court's authority to hear a case and is established by substantive law. Venue refers to the specific location where a case is heard and is a procedural matter that can be set by agreement. The document outlines how jurisdiction is acquired, the importance of docket fees, the hierarchy of courts, and classifications of legal actions such as being real, in personam, in rem, transitory, local, civil, criminal, and special proceedings.

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Hazel Roxas
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48 views

Jurisdiction Vs Venue

This document defines key legal concepts and distinguishes between jurisdiction and venue. Jurisdiction refers to a court's authority to hear a case and is established by substantive law. Venue refers to the specific location where a case is heard and is a procedural matter that can be set by agreement. The document outlines how jurisdiction is acquired, the importance of docket fees, the hierarchy of courts, and classifications of legal actions such as being real, in personam, in rem, transitory, local, civil, criminal, and special proceedings.

Uploaded by

Hazel Roxas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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JURISDICTION - Power and authority of a court to hear, try and decide a case

VENUE - Place where the case is to be heard or tried

JURISDICTION vs VENUE

JURISDICTION VENUE

* refers to the authority to * Refers to the place or the court where


hear and determine a case the case is to be tried and heard

* Substantive Law * Procedural Law

* Established a relation * Established a relation between


between the court and plaintiff and defendant, or petitioner
subject matter and respondent

* Fixed by law * May be conferred by the act or


agreement of the parties

HOW JURISDICTION IS ACQUIRED

Plaintiff or Petitioner - Filing of the complaint, petition, or initiatory pleading before the court
by the plaintiff or petitioner

Defendant or Respondent - Voluntary appearance or by service of summons

Subject Matter - conferred by law

Res (Thing) - actual or constructive seizure

PAYMENT OF DOCKET FEE IS JURISDICTIONAL

JURISDICTION - authority or power of the court to hear and decide cases

Time and again, the Supreme Court reiterates the importance of docket fees and the need of such
fees for the court to acquire jurisdiction.

DOCKET FEE/FILING FEE - intended to take care of court expenses (equipment, salaries, etc)

When is a case deemed filed?

The case is deemed filed only upon payment of the PRESCRIBED docket fee.

RESPECT TO THE HIERARCHY OF COURTS

The Supreme Court will not entertain direct resort to it unless :

1. redress desired cannot be obtained in the appropriate courts


2. exceptional and compelling circumstances

ACTIONS
An ordinary suit in a court of justice by which :

1. one party prosecutes another for the enforcement or protection of a right;


2. prosecution or redress of a wrong

CLASSIFICATION OF ACTIONS

1. REAL - protection of real rights, specific recovery of lands, tenements


PERSONAL - arise either upon contracts, or for wrongs independently of contracts
MIXED - protection or recovery of real property and also for an award for
damages

2. REM ACTION - directed against the thing itself and is binding upon the whole world
PERSONAM - directed on a particular person on the basis of his liability to establish
a claim against him
QUASI IN REM directed on a particular person, but the purpose is to prevent not only
the said person but any other person who claims any interest in the
property

3. TRANSITORY venue of which depends upon the residence of the parties

LOCAL to be instituted in a particular place in the absence of an agreement


to the contrary

4. CIVIL - enforcement or protection of a right, or the prevention or redress of a


wrong

5. CRIMINAL - State prosecutes a person for an act or omission punishable by law

SPECIAL PROCEEDINGS - remedy by which a party seeks to establish a status, right or a


particular fact

COMMENCEMENT OF ACTION - upon filing of the original complaint in court

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