General Matters Flashcards
Mistake in Choice of Court
A case mistakenly filed in court w/o SMJ
can motion court to transfer the case if court has transfer power.
Can appeal to Supreme Court to transfer to appropriate court.
a case filed in a higher court with subject matter jurisdiction may be transferred down without consent.
creates right to demand a jury trial in new court.
Aggregation of Claims
P may bring several different, but related, claims in one action.
So long as the monetary limit of the individual claims is less than the courts limitation, the aggregate total may exceed the courts limitation.
How can a Transfer Down Occur
With Consent of the party
Without consent of the party but court allows you to keep prayer for relief.
The Supreme Court can transfer without maintaining prayer for relief if parties are abusing the legal process.
How does the issue of Aggregation of Claims arise?
When looking at the jurisdictional threshold of the lower courts.
No aggregation of claims to determine jurisdictional limit is exceeded.
must look at amount of individual claim to determine jurisdictional threshold
How to Challenge SMJ?
On motion to transfer case, if the court has transfer power,
or on appeal to Supreme Court to transfer the case
to an appropriate court.
Example of Transfer Up
initial claim is $10000 and filed in District Court (JL - $15000).
Later realize injuries are more serious and you seek $100,000.
DC cannot grant relief
ask the SC for a transfer and amend your claim for relief.
What can occur when a case is within the SMJ of 2 courts and brought in the higher of the two courts?
The higher court has power to transfer case down to lower court without consent.
transfer creates a new right to demand a jury trial
When can the Supreme Court force a transfer down without maintaining your prayer for relief?
When the parties have been abusing the legal process.
