Subject Matter Jurisdiction Flashcards
Circuit courts are the mainstreem courts of general…
SMJ.
The main exception to SMJ in Circuit Court is for actions for…
monetary claims or claims to specific personal property of $4,500 or less.
Can an injunction be granted in GDC?
No – GDC may only hear causes of action at law.
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.
GDC may hear cases involving injury to person, regardless of theory, if the amount claimed does not exceed…
$50,000.
GDC may hear distress warrants regarless of any amount. What are distress warrants?
Where creditor seizes property.
GDC may hear claims for rent due or to oust Defendant from real property. Is there a monetary ceiling on these cases in GDC?
No. Such an action is OK in GDC in any amount; there is no $25,000 cap.
Rent due = distress claim
Oust from real property = unlawful entry or detainer
GDC has exclusive SMJ over cases for monetary recovery or specific personal property of…
$4,500 or less.
Each GDC has a small claims court, with concurrent jurisdiction over claims…
that do not exceed $5,000.
HYPO: Plaintiff sues Defendant for $6,000 damages for breach of contract. Which court?
Either Circuit Court or GDC.
HYPO: Plaintiff seeks an injunction to stop the D from tespassing. Which court?
CIRCUIT Court. This is an equity cause of action.
HYPO: Stereo Inc. sells D a $3,500 stereo system on an installment contract. D fails to make payments after paying $500, but keeps the stereo. The company sues D to either recover the stereo system or its valye. What kind of claim is this? What court may it be brought in?
Detinue; GDC only.
[Recovery of personal property or its value of only $3,000]
