NY BAR REVIEW CIVIL PRACTICE AND PROCEDURE 1 Flashcards
civil procedure laws
NY state court rules federal rules of civil procedur civil procedure and practice Civil procedure laws and rules judges, municipalities etc have their own diff practice
courts
NYS court of appeals 7 judges no original jurisd only appellate no $ limit questions of law death penalty appeals - direct appeal from appellate - reversed or modifiedon NEW FACTS - direct entry of judgment review questions of fact.
APPELLATE DIVISION
1,2,3,4 DEPTS.
art 78 proceeding
certiorari
review of determination that results from required evidentiary standard
commenced in sup ct
transferred to appellate division - whether the agency’s determination was supported by applicable evidentiary standard - SUBSTL EVIDENCE - rationale based on teh record before the appellate division
trial court in each appellate division will follow which court’s decision if was made in its division?
the appellate court in which it sits
trial court in each appellate division will follow which court’s decision if wasnt made in its division?
free to choose one of the two holdings
appellate divisions designate what?
appellate terms lower intermediate appellate courts hearing appeals from lower level courts only 1 and 2 division have done that so far appellate term 1st dept. appellate term 2nd dept.
principal trial court
NYS sup ct
general original jurisdiction
law and equity
no $ limitation, unless jurisdiction specifically described.
exclusive over most art 78 proceedings.
at times jurisdiction concurrent w other courts.
local criminal court was approved to be moved to which court in people v. correia?
local supreme court- court of general concurrent jurisdiction - had power to adjudicate those misdemeanor cases
supreme court also has what type of presumptive jurisdiction?
concurrent with federal court over FEDERAL CLAIMS
sup court has concurrent jurisdiction with federal court over federal claims unless what?
exceptions - explicit statutory directive to the contrary, unmistakable implication from legislative history that there shouldn’t be concurrent jurisdiction OR clear incompatibility bw state court jurisdiction and federal interests, OR transfer to a lower specialized court given the specialized nature of that court
court of claims = trial level court
exclusive jurisdiction over claims of person, corporation, municipality AGAINST the state of NY and certain agencies of the state considered to be arms of the state.
sup ct does NOT have concurrent jurisd over those claims.
NYS may bring an action ag a claimant where?
in court of claims
in sup court
right to jury in court of claims?
NO
bench or jury trial in court of claims?
ALL bench
county court located where?
each county in NYS, EXCEPT in NYC
county court- what type of jurisdiction?
limited.
possesses NO inherent equitable powers
county court - monetary jurisdiction?
up to 25k
county court - subject matter jurisdiction?
criminal matters.
summary proceedings to recover possession of real property.
any action NOT within the exclusive jurisdiction of the sup ct.
appellate power and reviews appeals from district, town, village, and city courts which finally determine an action.
monetary actions brought where?
lowest court jurisdictionally competent to hear the case.
if brought to a higher monetary jurisdiction court, will generally be transferred to that lower court.
surrogate court jurisdiction?
actions related to affairs of decedents, probate of wills, administration of estate, guardianship of property of minors, full equity powers in matters in which has jurisdiction
family court- jurisdiction?
limited.
does NOT possess inherent jurisdictional powers.
family court- subject matter jurisdiction from which provision?
NYS constitution.
FAMILY COURT ACT.
family court - jurisdiction over what?
child abuse.
neglect proceedings.
spousal support.
child support.
proceedings to determine paternity for children born out of wedlock.
permanent termination of parental rights.
pins- person in need of supervision proceedings.
family offense proceedings - concurrent w criminal court.
juvenile delinquency actions.
custody and support incidentals in matrimonial proceedings ONLY when referred to family court by sup ct.
