Subject Matter Jurisdiction Flashcards
Subject Matter Jurisdiction in GA
Subject matter jurisdiction is the power of the GA courts over the type of case the the court can hear
Unlike federal courts, state court have general subject matter jurisdiction
Subject matter jurisdiction cannot be waived - if a GA lacks SMJ, it must dismiss or transfer the case
Different Trial Courts in GA
1) Superior Court
2) State Court
3) Magistrates Court
4) Probate Court
5) Juvenile Court
6) Business Court
Appellate Courts in GA
1) Court of Appeals
2) GA Supreme Court
Superior Court
The Superior Court is the court of general jurisdiction in GA (each county has one)
EXCLUSIVE JURISDICTION – cases respecting (1) title to land, (2) divorce, (3) felony criminal cases
CONCURRENT JURISDICTION – The superior court has concurrent jurisdiction with the other courts and can hear all cases other than those placed in the exclusive jurisdiction of another court
CASES THAT CANNOT BE HEARD – most probate and all juvenile delinquency cases
APPELLATE JURISDICTION – has de novo jurisdiction over final disposition from the magistrates court and over most decisions in probate court
State Court
Georgia State Courts have co-equal authority with the superior court - they are meant to supplement the superior court’s subject matter jurisdiction
EXCLUSIVE JURISDICTION – state court has no exclusive jurisdiction
CONCURRENT JURISDICTION – the state court has concurrent jurisdiction with the superior court - can hear any case the superior can except those exclusive to the superior court
CASES THAT CANNOT BE HEARD – (1) cases that are exclusive to the superior court (2) large dollar commercial matters, business cases seeking equitable relief, Juvenile and family matters
APPELLATE JURISDICTION – has de novo jurisdiction over final dispositions from the magistrate court
Magistrate Court
The magistrate court can hear any civil case not vested in the exclusive jurisdiction of the superior court and in which the amount in controversy does not exceed $15k
additionally, it may hear dispossessory and distress warrant proceedings without regard to the amount in controversy
CIVIL PRACTICE ACT DOESN’T APPLY
- the civil practice act, which governs procedure in superior and state court, does not apply
- there are no jury trials in magistrate court
REVIEW – proceedings the magistrates court are reviewed de novo by the state or superior court
Probate Court
The regular probate court has exclusive jurisdiction over (1) the probate of wills and administration of estates, (2) matters regarding incompetents or the estates of mentally ill persons, and (3) guardianship matters.
The Article 6 probate court shares concurrent jurisdiction with the superior court over some discrete matters
CIVIL PRACTICE ACT APPLIES unless there is a special rule of practice that conflicts
REVIEW – judicial proceedings are reviewed de novo by the superior court, except those matters as to which the probate court held a jury trial – those cases are appealed to the court of appeals or supreme court being treated procedurally as judgments of the superior court
Juvenile Court
EXCLUSIVE JURISDICTION - (1) delinquency actions, (2) actions to terminate the parent-child relationship, (3) actions involving children requiring mental treatment or commitment
CONCURRENT JURISDICTION – it has concurrent jurisdiction with the superior court over child custody and support matters
REVIEW – judgments are reviewed by the court of appeals or supreme court being treated procedurally as judgments of the superior court
Business Court
the business court has concurrent jurisdiction with the superior court over large dollar commercial cases and business cases seeking equitable relief
the business court has no exclusive jurisdiction
Court of Appeals
The court of appeals is the intermediate appellate court hearing the appeals from the superior court, state court, juvenile court, business court, and article 6 probate court
Supreme Court
the supreme court exercises only appellate jurisdiction, except in the rare instances in which it issues an extraordinary writ
EXCLUSIVE APPELLATE JURISDICTION – (1) cases involving construction of a treaty, (2) questions concerning the constitutionality of state or federal statute, (3) cases of election contest
QUESTIONS OF LAW – the supreme court has jurisdiction to answer any question of law from any (1) state appellate court or (2) federal district or appellate court
DISCRETIONARY REVIEW – the supreme court has discretion to review decisions of the court of appeals by certiorari
