Subject-Matter JDX Flashcards
What is subject-matter JDX?
Subject-matter jurisdiction is the authority to hear and decide a general type of suit; it is granted by the Commonwealth statutes or by the VA Constitution; it cannot be waived by either party.
Lack of subject-matter JDX can be raised at any time by either party or the Court.
If a court lacks subject matter jurisdiction, it’s judgment is void.
Subject-matter JDX of VA Supreme Court
Original JDX:
1. habeas corpus
2. mandamus
3. prohibition
4. claims of actual innocence by convicted felons
5. matters of judicial censure/retirement/fitness6. certification of questions of state law from federal courts/other state SCs
Appellate JDX (all other JDX),
I. Final JDX over any controversy involving:
1. Title to land/boundaries
2. Condemnation of property
3. Probate
4. Appointment of personal representative, guardian, conservator
5. Mill, roadway, ferry, wharf
6. Right of Commonwealth/county/municipality to levy tolls/taxes
7. Statutory construction
II. Order of a court refusing a writ of quo warranto or final judgment of such writ
III. Final judgment in any other civil case
VA Court of Appeals - En Banc
Must sit en banc when:
1. Dissent in panel that originally heard the case and an aggrieved party requests an en banc hearing and at least four judges of court vote in favor of hearing
2. When any judge of any panel certifies that in his opinion a decision of such panel of the court is in conflict with a prior decision of the court or of any panel thereof and three other judges of the court concur
3. On court’s own motion at any time, upon approval by a majority of the court
-Court may sit en banc with NO FEWER than 8 judges
-In all en banc cases, concurrence of at least a majority is required to reverse judgment in whole or in part
VA Court of Appeals - Original JDX
- Punish for contempt
- Issue writs of mandamus, prohibition, and habeas corpus in cases where the court would have appellate JDX
- Any judge of Ct. App. will exercise initially authority concerning injunctions vested in justice of the SC in any case over which the court would have appellate jurisdiction
VA Court of Appeals - Appellate JDX
RULE: Ct. App. has appellate JDX over criminal and domestic relations matters.
I. Any final decision of a circuit court on
appeal from:
1. A decision of an admin. agency; or
2. A grievance hearing decision
II. Any final decision of VA Workers Comp.
Board
III. Any final judgment, order, or decree of circuit court involving: all domestic relations matters (adoption, divorce, spousal support, custody, etc.)
VA Court of Appeals - Petition
from any final conviction in a circuit court of a traffic infraction or crime EXCEPT death sentence, which goes directly to VA SC
VA Court of Appeals - Finality
Final UNLESS upon a petition for review to VA SC, it determines that the decision of VA Ct. App. involves a substantial constitutional question as a determinative issue or matters of significant precedential value.
VA SC, on its own motion or that of Ct. Ap., may certify case for review by VA SC before it has been determined by Ct. App. IF:
1. Case is of such imperative public importance to deviate from normal app. practice and to require prompt VA SC decision OR
2. Docket/status of work of Ct. App. docket is such that the sound administration of justice requires transfer to VA SC
A properly/timely filed appeal may not be dismissed for lack of JDX simply because it was filed in wrong court
Circuit Courts - Subject-matter JDX
General and original JDX in all civil matters for which amount in controversy > $100
Appellate JDX over decisions of Gen. Dist. Cts. and juvenile/domestic relations dist. cts.
Other matters of JDX:
1. proceedings by quo warranto
2. issuing writs of mandamus, prohibition, and certiorari to inferior tribunals
3. Issuing writs of mandamus in all matters arising from action of the boards of supervisors of counties, in all cases to prevent failure of justice where mandamus may issue)
4. Recovery of fees >$100
5. Levying tolls/taxes
6. Validity of ordinance or bylaw of a corp.
7. All cases that may be appealed to VA SC
8. Probate of wills
Divorce, annulment, separate maintenance
9. Name changes
General District Courts - Original JDX
Exclusive original JDX over claims for $4500 or LESS, exclusive of interest any attorney’s fees contracted for in the instrument
General District Courts - Concurrent Original JDX
with Circuit Courts over any claims when amount exceeds $4500 but does not exceed $25,000
General District Court - Miscellaneous Original JDX
- Attachment cases <$25,000 exclusive of interest and attorney’s fees
- Actions of unlawful entry/detainer ($25,000 max DOES NOT APPLY where this includes a claim for damages sustained or rent against a person on the lease where person is proved to use it for business, commercial, or agricultural purposes
- Actions conferred upon Dist. Ct. by VA Code
- Interpleader involving PERSONAL or REAL property where amount is <$25,000
A. EXCEPTION–no max amount where earnest money is at issue for real property
B. Action must be brought using procedure for interpleader BUT Dist. Ct. CANNOT issue injunction - Mandamus or injunctions for VA FOIA enforcement
- Adjudication of habitual offenders for driving on a suspended license (concurrent with CC)
- Informed consent before abortion
- Judgments on forthcoming bond by sheriff
- Partition of personal property between $20 and $25,000
VA Small Claims Court
Part of Dist. Ct., all of them have one
Have concurrent JDX with Dist. Ct. over tort and contract actions when amount <$5000
Plaintiff files small claims civil warrant to initiate action here; only pleadings are warrant and answer, grounds of defense and counterclaims must be <$5000
JDX Chart: DC vs. CC
- Actions at law (contract or tort)/detinue(aka conversion)
A. $4,500 or less: DC
B. $4,501-$25,000: Either
C. $25,001 or more: CC
D. Small claims $5,000 or less: Small
claims/DC - Misc. Cases
A. Rent due (“distress”) claims or evictions:
Either, no cap for DC
B. Attachment cases for personal property:
DC if $25k or less. If more, CC.
C. Attachment cases for real property: CC
only, regardless of value.
D. Interpleader: DC for $25k or less, CC for
more, DC can hear any interpleader for
earnest money deposit in land sale k
regardless of value. - Injunctions
A. Injunction to enforce state Freedom of
Information Act: either
B. All other injunctions: CC only
Appeal from DC to CC
May appeal when claim was <$50 excluding interest and fees OR when claim involves constitutionality/validity of statute, ordinance, bylaw, enforcement of VA FOIA, or protective order
Must be taken within 10 days of judgment order
Appellant must be given bond in amount and surety approved by judge or clerk
CC will hear all legal evidence whether or not it was all produced in DC; de novo
Juvenile and D.R. Courts
All cases involving:
1. Custody, visitation, support, control, disposition of child
2. Admission of minors to inpatient mental health facility
3. Judicial consent to activities requiring parental consent where child is separated from parent/guardian
4. () for emergency medical treatment
5. any person charged with abandoning/failure to support child
6. abuse/neglect/desertion
7. reversals of voluntary relinquishments of parental rights
8. spousal support
9. orders of protection
10. emancipation
11. parental determination
12. delinquency
13. traffic
14. domestic abuse charges (1 family member v. another)
Appeal is as of right from DR and juvenile decisions to CC
Workers Comp Bd. appeals go to VA Ct. App.
