Subject Matter Jurisdiction Flashcards
what is Subject Matter Jurisdiction?
SMJ refers to the court’s powers over the CASE
what cases can a state court hear?
state courts can hear any case except those for which there is EXCLUSIVE FEDERAL QUESTION JURISDICTION
which VA state courts may hear these cases?
(1) Circuit Courts; and
(2) General District Courts
how many trial courts are there in VA?
there are 2 trial courts:
(1) Circuit Courts; and
(2) General District Courts
What are ‘circuit courts’?
Circuit courts are mainstream courts of GENERAL SMJ
what types of cases may circuit courts hear?
circuit courts can hear any CIVIL action - except those for which exclusive jurisdiction is vested in another court
what is the main exception for the types of cases that circuit courts can hear?
the main exception is for actions for monetary claims or claims to specific personal property of $4,500 or less
where must an action for monetary claims or claims to specific personal property of $4,500 or less be heard?
this case may be heard in General District Courts
what are General District Courts?
SMJ of GDC is statutory and basically for cause of action at LAW (not equitable claims)
are GDC’s courts of record?
no! GDC’s are “courts not of record”
in what ways is a GDC less formal than a CC?
- no formal pleadings
- no formal discovery
- never get a jury
is injunctive relief allowed in GDC?
nope! injunctions cannot be granted
ONE EXCEPTION - a party can get an injunction to enforce state Freedom of Information Act
amounts and controversy - and cases GDC can hear
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.
what is an action in detinue?
it is an action for recovery of personal property or value thereof
what is an action in detinue?
it is an action for recovery of personal property or value thereof
what happens if the amount in controversy in an action at law in contract actions/detinue actions is between $4,500 and $25,000?
Jurisdiction is CONCURRENT with the Circuit Court.
can a GDC hear actions at law sounding in tort?
GDC can hear cases involving injury to person, regardless of the theory , IF the amount claimed DOES NOT exceed $50,000.
what about a tort case where it does not involve an injury to a person?
then the $25,000 limit applies
what types of ‘attachment’ cases may the GDC hear?
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
what types of interpleader cases may GDC hear?
GDC may hear interpleader cases IF the real or personal property is worth $25,000 or LESS
**no injunction is available
when can GDC hear an interpleader claim in any amount (even over 25k) in what type of dispute?
in an action for earnest money deposit in land sales contract
what type of distress claims may GDC hear?
GDC may hear claims for:
- rent due (“distress claims) or;
- to oust defendant from real property (“unlawful entry or detainer”
what is the monetary ceiling on the distress claims that GDC can hear?
there is no monetary ceiling - there is no $25,000 cap.
distress warrants?
GDC may grant distress warrants (creditor seizes property) regardless of amount
what types of cases does GDC have ‘exclusive’ SMJ over?
GDC has exclusive SMJ over cases for either :
a) monetary recovery; or
b) specific personal property
of $4,500 or less.
what is not included when determine the amount in controversy?
interest or attorney’s fees are NOT included when assessing the amount in controversy
small claims court?
each GDC has a small claims court - with concurrent jurisdiction over claims that doe not exceed $5,000
when can both GDC and CC have SMJ?
(1) transfer between GDC and Circuit Court
(2) appeal from GDC to CC
(1) transfer between GDC and Circuit Court
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
when must a motion to amend and transfer be made?
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
does the same apply when the case is filed in circuit court and the platiniff moves to decrease the amount of the claim?
yes!!
(2) appeal from GDC –> circuit court
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)
who has a right to appeal?
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)
what are the steps for appealing a FINAL judgment to the circuit court (from GDC)?
(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.
when a case is appealed to the circuit court - how does the circuit court hear the case?
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)
when is a plaintiff allowed to seek leave to amend their claim to increase the amount? (for more than 25k
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
