A. Organisation & SMJ of New York's Court System

Question 1

What type of jurisdiction does Court of Appeals exercise?*

Answer 1

Appellate jurisdiction

• Limited to Qs of law
• NO regard to amount in controversy

Question 2

What is the doctrine of Stare Decisis?

Answer 2

Appellate Court departments must follow other departments’ precedents

UNLESS CoA/Department where Trial Court sits pronounces contrary rule

Question 3

What type of claims does Supreme Court have jurisdiction over?*

Answer 3

Supreme Court

• Cases in law + equity
• Matrimonial actions
• Wrongful death claims

Supreme Court (NY)
- ALL felonies (NY)

Supreme Court (Commercial Division)

• Min. monetary threshold
• Commercial disputes

Question 4

What type of claims does Court of Claims have jurisdiction over?*

Answer 4

Exclusive jurisdiction

• Tort claims (vs NY State)
• Contract claims (vs NY State)

NOT equitable jurisdiction

NOT vs Non-state actors

Question 5

What type of claims does County Courts have jurisdiction over?*

Answer 5

Criminal cases
- Hears primary felonies

Civil cases

• Amount in controversy < $25,000
• Summary proceedings (recovery of real property)

Appeals

• City courts
• Town courts
• Village courts

Question 6

What type of claims does Surrogate Court have jurisdiction over?*

Answer 6

• Decedent affairs
• Probate of wills
• Estate administration
• Guardianship of minors’ property
• Adoptions
• Wrongful death claims (distribution + allocation of proceeds)

Question 7

What type of claims does Family Court have jurisdiction over?*

Answer 7

• Child abuse/neglect
• Spousal support
• Child support
• Paternity
• Permanent termination of parental rights
• Person-in-need-of-supervision
• Family offence
• Juvenile delinquency
• Adoption
• Custody/Support

Question 8

What type of claims does NY Civil Court have jurisdiction over?*

Answer 8

Criminal cases

• Misdemeanors
• Violations

Civil cases

• Amount in controversy < $25,000
• Summary proceedings (recovery of real property)

Question 9

What type of claims does NY District Court have jurisdiction over?*

Answer 9

Criminal cases

• Misdemeanors
• Violations

Civil cases
- Amount in controversy < $15,000

Question 10

What type of claims does NY Town/Village Courts have jurisdiction over?*

Answer 10

Criminal cases

• Misdemeanors
• Violations

Civil cases
- Amount in controversy < $3,000