Jurisdiction Flashcards
What is the definition of subject matter jurisdiction?
The power to do hear and determine an action of a particular subject matter.
What does ARS 12-2101 (Judgments and orders that may be appealed) say (relevant to this exam)
An appeal may be taken to the COA from SC as follows:
- from a final judgment entered in an action or special proceeding
- From any special order made after final judgment
- From any order affecting a substantial right made in any action when the order determines the action (SMJ?)
- From an order - granting or refusing to grant a new trial
- from an order or judgment
Can Subject Matter Jurisdiction be vested by a party waiver? Estoppel?
No. SMJ is conferred by our constitution and statutes. It cannot be vested by waiver or estoppel. It can be raised at any time.
When is a special action available?
When there is no equally plain, speedy and adequate remedy by appeal.
How long do you have to be domiciled before filing PFD?
ARS 25-312 states that AZ have jurisdiction to enter dissolution decrees when one party, at the time the action was filed, was domiciled in this state for 90 days prior to filing.
What is domicile, how do you determine it?
Domicile requires both physical presence and intent to remain for an indefinite period of time. You can only have one domicile at a time and your domicile remains in place until you establish it somewhere else.
Domicile - who has burden of proof
The person contesting domicile must prove, by a preponderance of the evidence.
If the children were here for less than 6 months, can the court retain jurisdiction because by the time the matter is fully heard at trial it will be longer than six months?
No. Special action taken in Tanner v. Marwil - Both parents in military. Father lived in Hawaii, Mother in Washington. Mother and children had been in Ariz for some periods of time visiting, and the parties bought a home and planned to move here. Mother had her last child here but then took the kids to Washington without Dad’s knowledge. Father filed a PFD and stated in the petition that he (or W) domiciled for 90 days, but testified that he hadn’t moved there yet. No facts existed to show Mother had moved and stayed for 6 months, but the baby was born in AZ. Marwil denied Mother’s motion to dismiss, stating that it would eventually have jurisdiction in a few months. The court issued TOs. Father eventually moved to AZ after issuance of TOs. Mother filed in Washington, but the courts held a hearing (UCCJEA) and Washington dismissed b/c TC said it would retain. Mother filed SMJ but that too was denied. Mother filed the S.A.
COA said there was no jurisdiction and it had to be dismissed. Father could have asked to convert to LDM/PT action to retain via 25-404 but he did not.
Can a trust be a party to a divorce action?
Likely. Law in Nevada - can be subject to preliminary injunction too insofar as CP is involved.
How can you invalidate an arbitration clause?
Generally, legal or equitable grounds for revoking any contract include allegations that the contract is void for lack of mutual consent, consideration or capacity or voidable for fraud, duress, lack of capacity, mistake or violation of a public purposes (Austin v. Austin 2015)
When can a court vacate an arbitration ruling?
If the arbitrator exceeds his authority. Think Brody and Mr. Meell’s no show client for personal property issue.
Does trial court have jurisdiction to hear contempt proceedings for non-payment of equalization orders even if not support related?
Yes. the trial court has jurisdiction to find a spouse in contempt for failure to pay a community debt due to A.R.S. 25-317(E) as it gives the TC jurisdiction to consider a petition for contempt for a spouse’s failure to comply with the terms of a separation agreement, including an obligation for payment of money, except the court cannot order incarceration for such nonpayment.
