PROC 124 Lecture Notes - Lecture 12: Small Claims Court, Punitive Damages, Declaratory Judgment
24 Jan 2018
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Review: broader umbrella: was an action was properly commenced, last class 4. The court having territorial jurisdiction [ ] is the court of the domicile of the defendant (41 nccp: not much judicial discretion: judge"s role = determine if plaintiff complied w/ rules, approach favored in cvl jurisdictions (incl. 43, par 4 nccp: (4) an agreement to the contrary is unenforceable against the employee, the consumer, the insured, the insurance contract beneficiary or the hypothecary debtor, ec, consumer k and insurance ks: ks of imbalance of power. Agreement is unenforced against the weaker party: lack of territorial jurisdiction, will not be raised by judge on his own (unlike rules of smj, this responsibility/burden belongs to defendant, must be raised promptly by defendant (art. 166-167 nccp: def must have to raise that objection early on in case, if nothing is done, the law assumes that i"ve agreed to be sued there.
