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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. تقدير قيمة الدعوى فيما يتعلق بنصاب الاستئناف

    Principle 2766The final-instance and first-instance monetary jurisdiction of the Court of First Instance. Its applicability to labor disputes. Reason therefor.Pleadings — Part Three · Source page 470
  2. Principle 2767Judgments rendered by the court of first instance as final judgments. May not be appealed. The exception. An example of a final judgment that may not be appealed owing to the low monetary value. - The final-instance monePleadings — Part Three · Source page 470
  3. Principle 2768The general rule concerning actions is that their value is ascertainable. What falls outside this rule. - Assessment of the appeal threshold. The determining factor. Example concerning the impermissibility of appeal.Pleadings — Part Three · Source page 471
  4. Principle 2769The ordinary monetary threshold for the jurisdiction of the Court of First Instance. More than five thousand dinars. The value of the action not exceeding that amount. Its effect. Its judgment is rendered as a final judgPleadings — Part Three · Source page 471
  5. Principle 2770The determining consideration in valuing the action in relation to the appeal threshold is the final claims therein.Pleadings — Part Three · Source page 471

  6. صلاحية القاضي لنظر الاستئناف

    Principle 2771Assessment of the value of the action in relation to the appeal threshold is based on the parties' latest claims. The reason therefor. Appealing judgments rendered as final judgments by courts of first instance. Its casePleadings — Part Three · Source page 471

  7. من حيث موضوعه

    Principle 2773The judge's nonparticipation, in the panel constituted at the court of first instance, in deliberating on and issuing the judgment, his role being confined to pronouncing it. His subsequent membership of the Court of AppPleadings — Part Three · Source page 471
  8. Principle 2774The appeal transfers the action in the state it was in before issuance of the appealed judgment, solely as regards what is appealed. Its implication. The appellate court may not determine a matter not before it.Pleadings — Part Three · Source page 472
  9. Principle 2775The Court of Appeal may not address a matter not before it. Its authority is confined solely to what is appealed.Pleadings — Part Three · Source page 472
  10. Principle 2777An appeal transfers the case to the court of second instance with its evidence and pleas, within the limits of the appellant’s claims.Pleadings — Part Three · Source page 472
  11. Principle 2778An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence within the limits of the appellant’s requests. The dispute is considered placed before it for fresh adjudication merely uPleadings — Part Three · Source page 472
  12. Principle 2779The criterion for determining what is challenged on appeal of the ruling of the court of first instance is the appellant's claims stated in the appeal petition, rather than what the appellant reiterates in his memoranda.Pleadings — Part Three · Source page 472
  13. Principle 2780An appeal transfers the action in the state it was in before the appealed judgment was rendered, solely as regards the matters appealed. The Court of Appeal examines the same dispute anew. It does not examine a new case Pleadings — Part Three · Source page 473
  14. Principle 2781A claim not determined expressly or implicitly by the first-instance judgment. The appellate judgment's addressing and determining that claim on the basis of the appeal brought in respect thereof. An error in the applicaPleadings — Part Three · Source page 473
  15. Principle 2782An appeal transfers the action in the state it was in before the appealed judgment was rendered, in respect of what was appealed.Pleadings — Part Three · Source page 473
  16. Principle 2783The scope of the action is determined by the judicial claim. A request to appoint an expert. It does not extend to a request for judgment in accordance with the outcome of the expert's report.Pleadings — Part Three · Source page 473
  17. Principle 2784The authority of the Court of Appeal is confined to what is appealed; thus, of the matters decided by the court of first instance, only what is appealed is considered to be before it. What is not appealed. Becomes final.Pleadings — Part Three · Source page 473
  18. Principle 2785Adjudication on the merits is necessarily considered to include an implied ruling on jurisdiction. An appeal against the judgment delivered on the merits places the issue of jurisdiction relating to public policy before Pleadings — Part Three · Source page 473
  19. Principle 2786An appeal transfers to the Court of Appeal the same dispute that was before the court of first instance. Only within the limits of what has been appealed.Pleadings — Part Three · Source page 473
  20. Principle 2787The criterion for determining the part of the first-instance court's ruling challenged on appeal is the appellant's requests, not the grounds of appeal. - 473 - Civil and Commercial Procedure - A request to set aside thePleadings — Part Three · Source page 473
  21. Principle 2788The scope of the action, whether for the parties or the judge, is determined by the judicial claim. - The appeal transfers the action in the state it was in before issuance of the appealed judgment, as regards what is apPleadings — Part Three · Source page 474
  22. Principle 2789An appeal transfers the action to the Court of Appeal with all its factual elements and legal evidence, within the limits of what has been appealed. The Court of Appeal must exercise its review over the court of first inPleadings — Part Three · Source page 474
  23. Principle 2790An appeal places the action afresh before the appellate court with its factual and legal elements, within the limits of what has been appealed.Pleadings — Part Three · Source page 474
  24. Principle 2791An appeal entails placing the adjudicated dispute before the court of second instance with its legal grounds and factual evidence, within the limits of what has been appealed.Pleadings — Part Three · Source page 474
  25. Principle 2792An appeal transfers the action in the state it was in before the appealed judgment was rendered, only in respect of what was appealed.Pleadings — Part Three · Source page 474
  26. Principle 2793Failure on appeal to challenge the first-instance judgment that the sale was dissolved. Its becoming irrevocable. Claiming for the first time on appeal entitlement to the appraisal compensation or to another property allPleadings — Part Three · Source page 474
  27. Principle 2794The appellate proceedings are defined by what has been appealed, as to subject matter and parties. The exception. Those whose joinder is required by law.Pleadings — Part Three · Source page 475
  28. Principle 2795The right to challenge arises only in respect of what was adjudged against the appellant. The remainder of the judgment. It is not placed before the Court of Appeal except by another appeal by the party against whom it wPleadings — Part Three · Source page 475
  29. Principle 2796Two actions identical in parties, subject matter, and cause. The effect of joining them. Their merger and the loss of each one’s independence. Implication thereof. An appeal against the judgment rendered in one includes Pleadings — Part Three · Source page 475
  30. Principle 2797A request to set aside the appealed judgment. Includes adjudicating the appellant's claims rejected by the court of first instance. The reason therefor. Setting aside is not sought for its own sake.Pleadings — Part Three · Source page 475
  31. Principle 2798The appellate proceedings are defined by those who were parties before the court of first instance. The criterion for identifying a party. Claims in the action being directed against him. The final claims are controllingPleadings — Part Three · Source page 475
  32. Principle 2799The authority of the Court of Appeal to reconsider the action within the limits of what was raised on appeal. When it is not required to respond to the reasons of the first-instance judgment if it reverses it.Pleadings — Part Three · Source page 475
  33. Principle 2800The scope of an appeal is determined solely by what is placed before the Court of Appeal. The remainder of the first-instance judgment becomes irrevocable and may not be debated before the Court of Cassation. Example.Pleadings — Part Three · Source page 475
  34. Principle 2801The scope of the appeal. Its import. - 475 - Civil Procedure - Requesting the appointment of an expert at first instance to ascertain the entitlements owed by the employer and then a judgment ordering her to pay what thePleadings — Part Three · Source page 475
  35. Principle 2802The scope of the appeal is defined by the claims addressed in its petition, not by all claims presented to the court of first instance.Pleadings — Part Three · Source page 476
  36. Principle 2803The scope of an appeal is determined by the requests presented to the court of first instance and those among them placed before the Court of Appeal. What matters in determining what is challenged on appeal is the requesPleadings — Part Three · Source page 476
  37. Principle 2804The function of the Court of Cassation does not extend beyond examining what was before the court of merits. A ground of challenge concerning what was not before the Court of Appeal and was not included within its scope.Pleadings — Part Three · Source page 476
  38. Principle 2805The scope of the appeal. Determined by the appellant’s claims set out in the appeal petition, not by what the appellant again claims in his memoranda. Example.Pleadings — Part Three · Source page 476
  39. Principle 2806The scope of proceedings before the court of second instance. It is determined by what has been appealed and addressed in the statement of appeal. What the statement does not cover. Acquires the force of res judicata. ThPleadings — Part Three · Source page 476
  40. Principle 2808An appeal transfers the action in the state it was in before the appealed judgment was rendered, only in respect of what was appealed. Its consequence. What is not included in the statement of appeal falls outside the auPleadings — Part Three · Source page 477
  41. Principle 2809The scope of the appeal is determined by the matters appealed. Matters outside that scope. The Court of Appeal must be bound by them, as they have become final and acquired the force of res judicata.Pleadings — Part Three · Source page 477
  42. Principle 2810The female appellant's request in the statement of appeal for judgment in her favour on the claims she raised before the court of first instance. Necessarily includes a request to set aside the appealed judgment insofar Pleadings — Part Three · Source page 477
  43. Principle 2811The scope of the appeal is determined by what is before the Court of Appeal. The reason therefor. The determining consideration in identifying what is challenged on appeal from the first-instance court's ruling is the apPleadings — Part Three · Source page 477
  44. Principle 2812The scope of appeal is determined perhaps what is appealed, not by all claims previously made before the court of first instance. The first-instance judgment's ruling beyond that. Its becoming irrevocable. Example.Pleadings — Part Three · Source page 477
  45. Principle 2813Exclusion of the ancillary indemnity action for non-payment of the fee. Its effect. Its removal from the scope of the proceedings and its being deemed not before the Court of Appeal.Pleadings — Part Three · Source page 477
  46. Principle 2814The authority of the Court of Appeal is confined to the matters appealed only. Those rulings of the first-instance judgment not covered by the appeal become irrevocable and may not be addressed by the Court of Appeal. - Pleadings — Part Three · Source page 477
  47. Principle 2815The scope of the appeal is determined solely by what has been appealed. A definitive ruling that was not the subject of the appeal. It becomes final, acquiring the force of res judicata, which prevails over public policyPleadings — Part Three · Source page
  48. Principle 2816The authority of the Court of Appeal is limited to what was appealed only. - The criterion for determining what is challenged on appeal from the first-instance ruling. The requests contained in the statement of appeal, nPleadings — Part Three · Source page
  49. Principle 2817The scope of appeal is not determined by all judgments previously issued by the court of first instance, but by those presented before the Court of Appeal. Those judgments not addressed in the statement of appeal are notPleadings — Part Three · Source page
  50. Principle 2818The authority of the Court of Appeal is confined solely to what is appealed. The ruling of the court of first instance on anything else becomes irrevocable. Its effect. Discussion thereof before the Court of Cassation isPleadings — Part Three · Source page
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