Smjx

Question 1

Over what matters does the Supreme Court have EXCLUSIVEsmjx?

Answer 1

1) Matrimonial actions where ct is asked to adjudicate marital status (e.g. divorce, separation, annulment, validity of marriage) Family ct does NOT have jx to grant this relief 2) CPLR Article 78 Proceedings:judicial review of NY state/local gov’t administrative actions REMEMBER: claims against NYS for money damages in tort and K go to NY Ct. of Claims 3) Declaratory judgment action:judicial declaration about smtg which could cause liability before a party does it

Question 2

Where must the State of NY be sued?

Answer 2

Claims for money damages in tort ORK against the State of New York must be brought in NY Ct of Claims NYS is the ONLY ∆ that can be sued in the NY Ct. of Claims&raquo_space;gov’t subdivisions (counties, cities, school districts) AND employees of the state must be sued in NY Sup Ct. If there is a non-state co-∆, they have to be sued in SEPARATE cts (no joint actions)

Question 3

Since a ct. must have smjx to hear a case, what is the ONLY trial ct in NY that has general smjx? What are the jx exceptions?

Answer 3

The NY Sup. Cthas general smjx REGARDLESS of: the monetary amt of π’s claim the type of equity relief (i.e. injunction, specific performance, etc) the residency of the parties (i.e. has jx over non-NY residents assuming valid PJx) the place where the c/a arose (i.e. if the injury and c/a happened in another state) EXCEPTIONS(where NY Sup Ct DOESN’T have SMJx): cases where federal law confers EXCLUSIVE jx on federal cts (e.g. bankruptcy, patents, copyright, etc) claims for money damages in tort OR k against the State of NY

Question 4

What is the hierarchy of the NY state court system?

Answer 4

Ct of Appeals (HIGHEST) Appellate Division (INTERMEDIATE) Supreme Ct (TRIAL)