GA Civ Pro Flashcards

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1
Q

SMJ GA

A

SMJ is the power of the court over the subject matter over an action.

Never waivable
The court must dismiss this Kind of jurisdiction.

Ga Courts are courts of GJ unless

There is exclusive Jur in some other form.

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2
Q

Types of Courts in Georgia.

A

Ga superior Court- All civil actions and Exclusive Jur for All cases involving divorce and Land title

Specialized Court
Probabe -
Juvenile Ct -

Statewide Business courts - Concurrent Jur of matters involving GA business Codes.

Magistrate Courts
Concurrent
no more than 15k

Federal Courts
Exclusive Jur- FQJ

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3
Q

PJ in GA State Courts

A

Power of a Ga court over the person or d’s property.

Two types of PJ

Ga law must grant the power
Ga Law must be constitutional,

Three basis for PJ
Consent

Presence - Voluntarily be physically present in GA when served with process.
- Domicile, D’s true home is in Ga, and intends to return to the state.
- Doing business- Regular systematic and continuous that it is at home in the state

Long Arm Statute

Two forms of consent
Express- Verbsl expression of consent - Contract between parties -Forum selection clause.
implied - The d has failed to object to PJ within 30 days of Service of process

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