Subject Matter Jurisdiction

Question 1

What type of jurisdiction do state courts have?

Answer 1

General jx, unless there is exclusive jx another court has over the matter

Question 2

What are the exclusive jx courts in GA?

Answer 2

GA Superior cts: land title, divorce
Specialized cts: probate (wills, estates), juvenile
Statewide Business cts: concurrent jx w superior over matters involving GA business code and equitable relief

Question 3

What type of cases can Magistrate courts hear?

Answer 3

any civil case that isn’t exclusive to another court and $15,000 or less

Can hear dispossessory + distress warrants with no care about amt. in controversy

Question 4

Can you waive SMJ?

Answer 4

never; can’t consent to SMJ
Courts must dismiss on their own

Question 5

What happens if a D makes a counterclaim in state court that falls under the exclusive jurisdiction of superior court?

Answer 5

counterclaim must be litigated separately in superior ct

Question 6

What happens if the plaintiff sues in magistrate court and the defendant asserts a counterclaim that exceeds the magistrate court’s jurisdiction (for example, the counterclaim is for more than $15,000)?

Answer 6

entire case transferred to superior or state ct

Question 7

What types of cases do the supreme court have exclusive appellate jx over?

Answer 7

(1) cases involving the construction of a treaty; (2) questions concerning the constitutionality of a state or federal statute; and (3) cases of election contest.