Wording of the court sentence between formal and substantive requirements

“Wording of the court sentence between formal and substantive requirements”

Judicial judgment is the fruit of judicial procedures, so it must be taken care of studying it, and one of the most important means of absorbing knowledge is categorizing it to facilitate dealing with it.

The judicial ruling is divided into different sections with various considerations, but the most important of them is the division in terms of its pronunciation. We note that the ruling comes in several forms, including lack of jurisdiction, plea for no hearing, inadmissibility of the case, rejection of the case, or dismissal of the case.

Plea for no hearing and inadmissibility of the case means not hearing the case, and the court  rule may be to dismiss the case on the inadmissibility ground because of not existence of one of its conditions , such as Jurisdictional competence, or its fictitiousness, or filling it after the deadline; or Res judicata, or the lack of capacity of the applicant, and other conditions of the case.

As for the dismissal of the case, it indicates that the court considered the case, and it was not clear to it the entitlement of the claimant.

This differentiation has fundamental implications:

The first type did not touch the origin of the truth, unlike the second type, which ruled that the truth was not established.

And this type does not prevent a new lawsuit from being filed in its subject matter if the defect in the lawsuit is fixed. As for the second type, it is not possible to file a new lawsuit on the same subject because of the previous ruling.

The first type does not justify the defendant requesting compensation for litigation damages, anyway the judgment for compensation is subject to the judge’s discretion and the extent to which it is verified.