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In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
I. A civil court of competent jurisdiction
II. A court of exclusive jurisdiction
III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’
IV A court of limited jurisdiction competent to try the issue raised in the subsequent suit
Either I or III
Either II or III
Either III or IV
All of these
- I. A civil court of competent jurisdiction: This means a court that has the authority to hear and decide cases of a particular nature, fulfilling the requirements for res judicata.
- II. A court of exclusive jurisdiction: This refers to a court that solely has the authority to decide specific types of cases, which can establish res judicata for such cases.
- III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’: Such a court shares jurisdiction with another and can affect subsequent suits, satisfying res judicata conditions.
- IV. A court of limited jurisdiction competent to try the issue raised in the subsequent suit: Even courts with limited scope can establish res judicata if they can address the issue in a following suit.
- Option 1 suggests a civil or competent concurrent court can apply res judicata, consistent with the requirements.
- Option 2 combines exclusive and competent concurrent jurisdiction, both valid for res judicata.
- Option 3 considers competent concurrent and limited jurisdiction, covering plausible scenarios endowing res judicata.
- Option 4 - All of these: Each court type listed can create conditions for res judicata in different contexts and satisfy the requirements.
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