Oklahoma SMJ Flashcards
What is Oklahoma’s court system?
Oklahoma has a three-tiered judicial system consisting of:
- the District Court;
- the Court of Civil Appeals; and
- two courts of last resort: Court of Criminal Appeals and the Supreme Court.
The system is divided into 26 judicial districts for the 77 counties.
What the types of judges?
District judges and associate district judges can hear or rule on any type of case. In districts with one district judge that cover more than one county, the district judge must travel and sit i each county. Each county must have at least one associate district judge. They are elected to four year terms.
Appellate judges hear all cases appealed from the district courts. They are selected for six year terms; they are then on a retention ballot.
About half the counties also have one or more special judges. They are assigned to: hear small claims cases, family law cases, and uncontested matters, conduct, criminal prelim hearings, and called to hear other matters. Special judges are not allowed to hear an action for the recovery of more than $10,000 unless stipulated.
What is subject matter jurisdiction?
It is a court’s ability to exercise jurisdiction over a certain type of case. It cannot be waived o conferred by agreement.
What is the subject matter jurisdiction of district courts?
District courts have unlimited original jurisdiction over all justiciable matters.
For Small Claims:
Anyone seeking to recover $7,500 or less in cases based on a breach of contract, tortious injury, or to recover personal property may utilize the small claims procedures.
The procedure gives citizens the ability to bring a claim within 60 days of filing.
All evidentiary rules still apply. Service of process is made by court clerk through certified mail. A jury trial are available for matter exceeding $1,500 where the demand is made two days before D’s appearance and a fee is paid. Removal is available upon application and fee.
What is the subject matter jurisdiction of civil appeals court?
These are assigned civil appeals cases from the Oklahoma Supreme Court. There are four divisions in Oklahoma City and Tulsa.
What is the subject matter jurisdiction of courts of last resort?
There are two courts of last resort. When there is a conflict over jurisdiction, the Oklahoma Supreme Court determines which court has jurisdiction.
The Supreme Court is composed of nine justices.
The Supreme Court also establishes the rules of the practice of law and for operation of other courts in the state.
