1. Jurisdiction and Venue Flashcards
What are five types of trial courts in Georgia?
- State courts
- Superior courts
- Magistrate courts
- Probate courts
- Juvenile courts
What matters do state courts in Georgia have jurisdiction over?
- Criminal cases below the grade of felony
- Civil actions without regard to the amount in controversy
- Applications for and issuance of arrest and search warrants
- Courts of inquiry
- Punishment of contempt by fines up to $500, imprisonment up to 20 days, or both
- Review of decisions of other courts as provided by law
What type of jurisdiction do the superior courts in Georgia have?
General jurisdiction
What cases does the superior court in Georgia have exclusive jurisdiction over?
- Felonies
- Divorce cases
- Equity cases
- Title to land
Does the Superior Court in Georgia have appellate jurisdiction?
Yes
What matters do Magistrate courts in Georgia have jurisdiction over?
Civil claims up to $15,000
What matters are not allowed to be taken up by the Magistrate courts in Georgia?
Matters within the exclusive jurisdiction of the superior courts
What cases does the probate court in Georgia have exclusive jurisdiction over?
- Probate of wills
- Administration of estates
- Guardianship matters
- Matters relating to minors and incapacitated adults
- Estates of incompetent persons
What cases does the juvenile court in Georgia have exclusive jurisdiction over?
- Delinquency actions for non-capital criminal offenses for children under age 17
- Deprivation actions
- Actions concerning termination of the parent-child relationship
Are final judgments in a juvenile court in Georgia appealable?
Yes
What are the two types of court of appeals in Georgia?
- Georgia Supreme Court
- Georgia Court of Appeals
What cases does the Georgia Supreme Court have exclusive appellate jurisdiction over?
- Cases involving the construction of a treaty or of the Constitution
- Election disputes
What cases does the Georgia Supreme Court have general appellate jurisdiction over?
- Cases involving title to land
- Equity cases
- Cases involving wills
- Habeas corpus cases
- Cases involving extraordinary remedies
- Divorce and alimony cases
- Cases certified to it by the Court of Appeals
Does the Georgia Supreme Court have Discretionary Jurisdiction to hear cases?
Yes
What cases do the Georgia Court of Appeals hear?
All cases not reserved to the Supreme Court or conferred on other courts by law
What is the rule for Governmental Immunity in Georgia?
Sovereign immunity protects the state from lawsuits without its consent
Can Government Entities be sued for Torts in Georgia?
No, unless immunity is explicitly waived
What is the rule for official/qualified immunity in Georgia?
Qualified immunity protects public officers and employees from personal liability for discretionary actions within their authority unless done with willfulness, malice, or corruption
What are the three types of Personal Jurisdiction in Georgia?
- In Personam Jurisdiction
- In rem Jurisdiction
- Quasi in rem jurisdiction
What are the seven bases for In Personam Jurisdiction in Georgia?
- A person’s physical presence in Georgia
- Consent by Waiver or contract
- Domicile in Georgia
- Corporations authorized to transact business in Georgia
- Partnership and associations
- Long-arm statute
- Non-resident motorist statute
What is a corporation’s personal jurisdiction in Georgia?
A corporation incorporated in or authorized to do business in Georgia is considered a resident and subject to personal jurisdiction
What is a partnership and Association for a personal jurisdiction in Georgia?
A lawsuit can target an unincorporated organization for any cause, with only the organization’s assets liable to judgment. Individual members are only liable if directly involved and served.
What is the long-arm statute in Georgia?
Georgia courts can assert personal jurisdiction over nonresidents in cases related to specific activities, such as:
1.Doing business in Georgia.
2. Committing a tort (excluding defamation) in Georgia or outside Georgia if the individual:
-Regularly conducts business,
-Solicits business,
-Engages in persistent conduct, or
-Earns substantial revenue from Georgia.
3. Cases involving alimony, child support, or property division in a divorce.
4. Owning, using, or possessing property in Georgia.
5. Maintaining a marital home in Georgia at the start of the case.
6. Living in Georgia before the case began, even if no longer cohabiting.
What are the Limits of Constitutional Reach in Georgia?
Georgia courts construe the long-arm statute to extend to the limits of due process.
An “intangible presence” such as by mail and telephone contacts alone may be sufficient to establish the purposeful activity in the state necessary for personal jurisdiction.
What is the Nonresident Motorist Statute in Georgia?
Out-of-state driver can be sued in:
(1) the county where the injured plaintiff resides; or (2) the county where the crash occurred
What are the two requirements to satisfy the Nonresident Motorist Statute in Georgia?
- The court must have personal jurisdiction over all defendants and plaintiffs
- The defendant must be a nonresident of Georgia when the cause of action arose
What if the Nonresident motorist is a minor?
If the Nonresident is a minor, then both the minor and his parents or guardians are deemed to have consented to service of process.
What are the two requirements for personal jurisdiction for class actions in Georgia?
- The court must have personal jurisdiction over every defendant and each of the plaintiffs named in the action
- The court is not required to have personal jurisdiction over absent members of the plaintiff class as long as they receive adequate notice of the pendency of the action and are afforded the opportunity to opt out the class.
