Subject Matter Jurisdiction

Question 1

what is Subject Matter Jurisdiction?

Answer 1

SMJ refers to the court’s powers over the CASE

Question 2

what cases can a state court hear?

Answer 2

state courts can hear any case except those for which there is EXCLUSIVE FEDERAL QUESTION JURISDICTION

Question 3

which VA state courts may hear these cases?

Answer 3

(1) Circuit Courts; and
(2) General District Courts

Question 4

how many trial courts are there in VA?

Answer 4

there are 2 trial courts:
(1) Circuit Courts; and
(2) General District Courts

Question 5

What are ‘circuit courts’?

Answer 5

Circuit courts are mainstream courts of GENERAL SMJ

Question 6

what types of cases may circuit courts hear?

Answer 6

circuit courts can hear any CIVIL action - except those for which exclusive jurisdiction is vested in another court

Question 7

what is the main exception for the types of cases that circuit courts can hear?

Answer 7

the main exception is for actions for monetary claims or claims to specific personal property of $4,500 or less

Question 8

where must an action for monetary claims or claims to specific personal property of $4,500 or less be heard?

Answer 8

this case may be heard in General District Courts

Question 9

what are General District Courts?

Answer 9

SMJ of GDC is statutory and basically for cause of action at LAW (not equitable claims)

Question 10

are GDC’s courts of record?

Answer 10

no! GDC’s are “courts not of record”

Question 11

in what ways is a GDC less formal than a CC?

Answer 11

• no formal pleadings
• no formal discovery
• never get a jury

Question 12

is injunctive relief allowed in GDC?

Answer 12

nope! injunctions cannot be granted

ONE EXCEPTION - a party can get an injunction to enforce state Freedom of Information Act

Question 13

amounts and controversy - and cases GDC can hear

Answer 13

GDC may hear actions at LAW in contract actions or actions in detinue - but only if the amount in controversy is $25,000 or less.

Question 14

what is an action in detinue?

Answer 14

it is an action for recovery of personal property or value thereof

Question 15

what is an action in detinue?

Answer 15

it is an action for recovery of personal property or value thereof

Question 16

what happens if the amount in controversy in an action at law in contract actions/detinue actions is between $4,500 and $25,000?

Answer 16

Jurisdiction is CONCURRENT with the Circuit Court.

Question 17

can a GDC hear actions at law sounding in tort?

Answer 17

GDC can hear cases involving injury to person, regardless of the theory , IF the amount claimed DOES NOT exceed $50,000.

Question 18

what about a tort case where it does not involve an injury to a person?

Answer 18

then the $25,000 limit applies

Question 19

what types of ‘attachment’ cases may the GDC hear?

Answer 19

GDC may hear attachment cases for PERSONAL PROPERTY - iF the value is $25,00 or less

**if attachment involves REALTY (real estate) – regardless of value – must go to CIRCUIT COURT

Question 20

what types of interpleader cases may GDC hear?

Answer 20

GDC may hear interpleader cases IF the real or personal property is worth $25,000 or LESS

**no injunction is available

Question 21

when can GDC hear an interpleader claim in any amount (even over 25k) in what type of dispute?

Answer 21

in an action for earnest money deposit in land sales contract

Question 22

what type of distress claims may GDC hear?

Answer 22

GDC may hear claims for:
- rent due (“distress claims) or;
- to oust defendant from real property (“unlawful entry or detainer”

Question 23

what is the monetary ceiling on the distress claims that GDC can hear?

Answer 23

there is no monetary ceiling - there is no $25,000 cap.

Question 24

distress warrants?

Answer 24

GDC may grant distress warrants (creditor seizes property) regardless of amount

Question 25

what types of cases does GDC have ‘exclusive’ SMJ over?

Answer 25

GDC has exclusive SMJ over cases for either :
a) monetary recovery; or
b) specific personal property
of $4,500 or less.

Question 26

what is not included when determine the amount in controversy?

Answer 26

interest or attorney’s fees are NOT included when assessing the amount in controversy

Question 27

small claims court?

Answer 27

each GDC has a small claims court - with concurrent jurisdiction over claims that doe not exceed $5,000

Question 28

when can both GDC and CC have SMJ?

Answer 28

(1) transfer between GDC and Circuit Court
(2) appeal from GDC to CC

Question 29

(1) transfer between GDC and Circuit Court

Answer 29

P property files case in GDDC - asserting a. nonperosnal injury claim for $20,000 - and what if they move to amend to seek more than $25k - what does GDC do?

it odes not dismiss - it MUST TRANSFER THE CASE TO CIRCUIT COURT

Question 30

when must a motion to amend and transfer be made?

Answer 30

the motion to amend and transfer must be made 10 or more days before trial (unless good cause is shown )

**plaintiff pay filing and other fees to the clerk of the circuit court

Question 31

does the same apply when the case is filed in circuit court and the platiniff moves to decrease the amount of the claim?

Answer 31

yes!!

Question 32

(2) appeal from GDC –> circuit court

Answer 32

there is an ABSOLUTE RIGHT TO APPEAL a final judgment from GDC to CC IF:
- the “amount involved “ is more than $20 (if party is aggrieved by more than $20 by the judgment in GDC)

Question 33

who has a right to appeal?

Answer 33

both parties have a right to appeal - and may have the right at the same time (i.e. P sues in GDC for 15k but wins 14k)

Question 34

what are the steps for appealing a FINAL judgment to the circuit court (from GDC)?

Answer 34

(1) the party files written notice of appeal with the clerk of GDC within 10 days of judgment;

(2) the appealing party posts a BOND and pays a writ tax in GDC within 30 days of judgment (10 days, however, if it’s an unlawful detainer case).

Seeking a rehearing at GDC does not increase these time requirements.

Question 35

when a case is appealed to the circuit court - how does the circuit court hear the case?

Answer 35

the circuit court hears the case DE NOVO - that means a new trial is held in circuit court (why GDC is not a court of record)

Question 36

when is a plaintiff allowed to seek leave to amend their claim to increase the amount? (for more than 25k

Answer 36

statute allows for the plaintiff to increase the amount ONLY IF THE DEFENDANT IS APPEALING TO THE CIRCUIT COURT

if the plaintiff is the one appealing - cannot amend their claim to increase