Subject Matter Jurisdiction Flashcards
State courts can hear any case except…
those for which there is exclusive federal question jurisdiction (which are rare – e.g., federal antitrust, patent infringement, and bankruptcy).
What doesn’t the GDC have?
No statutory authority for juries, no formal pleadings, no discovery, no injunctions granted (A plaintiff can get an injunction to enforce state Freedom of Information Act.)
What is the jurisdiction of the General District Court (GDC)?
Actions at law in contract or detinue (recovery of personal property or its value) for claims less than $25,000.
Personal injury claims up to $50,000.
GDC has exclusive SMJ for civil claims involving amounts from $0 up to and including $4,500, not including interest and costs. (meaning they MUST go to GDC)
For 4500- 25k GDC has concurrent jurisdiction with circuit court
When can counterclaims be filed in GDC and CC?
GDC Anytime before trial; CC within 21 days of service
Va Rule for compulsory Counterclaims
Under Virginia procedural rules, counterclaims are permissive. More specifically, a defendant may plead as a counterclaim any cause of action the defendant has against the plaintiff whether or not it arises out of the same transaction that is the subject of the plaintiff’s complaint and whether it is in tort or contract.
What happens if a DEFENDANT appeals a GDC case to Circuit Court what can the CC do to the Claim amount? What about if the Plaintiff appeals?
The Circuit Court has the discretion to permit the plaintiff to amend the complaint to exceed the GDC’s $25,000 jurisdictional limit.
she cannot amend the Complaint past the GDC jurisdictional limit
What is the general jurisdiction for Circuit Court?
Original and general jurisdiction for cases over $100, unless assigned to another tribunal.
There is an absolute right to appeal a final judgment from General District Court to Circuit Court if the “amount involved” is more than…
$20.
How are jury verdicts appealed in Circuit Court?
Appeal of jury verdicts for personal jurisdiction is a statutory appeal initiated by filing a notice of appeal with the Virginia Court of Appeals.
How are appeals from GDC to Circuit Court tried?
Why?
Appeals from GDC to Circuit Court are tried de novo (new trial).
there’s a whole new trial in circuit court. This is because there is no record in DC. So new law and facts are decided.
Can new evidence be offered if case appealed from GDC to CC?
Evidence not offered in GDC may be admitted in Circuit Court, subject to the rules of evidence.
Can subject matter jurisdiction (SMJ) be waived by parties?/ Who has the authority to grant subject matter jurisdiction to a court?
No, SMJ cannot be waived by any party or parties. Only the General Assembly can grant subject matter jurisdiction to a court.
Are there special pleading requirements or time limitations for raising SMJ issues?
No special pleading requirements for raising SMJ.
There is no time limitation on raising SMJ issues.
Which court could hear the following? Circuit or District Court?
- P sues D for $6,000 damages for breach of contract
- What if it were for damages of $26,000?
- What if it were for damages of $3,000?
- Interpleader, with a stake worth $20,000.
- P seeks an injunction to stop D from trespassing.
6.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 system. Stereo, Inc. sues D to recover either the stereo system or its value ($3,000). What kind of a claim is this?
- This can go to either court, because it is an action at law. It does not exceed $25,000, but it does exceed $4,500. So it’s within each court’s jurisdiction.
- Circuit Court because it exceeds $25,000.
- District Court only because it is $4,500 or less.
- Either, because it doesn’t exceed $25,000, but it is more than $4,500.
- Circuit court
- This is detinue. Must be at District court because it is $4,500 or less.
Will Virginia courts enforce a contractual provision that says that a case must be filed in a particular place (forum selection clause)?
Yes, if it is fair and reasonable.
