Subject Matter Jurisdiction Flashcards
Subject matter jurisdiction is the question of whether
the court has power to hear the case.
Subject matter jurisdiction is the question of whether
the court has power to hear the case.
Subject matter jurisdiction cannot:
be conferred by consent, waiver or estoppel by the parties
North Carolina never has subject matter jurisdiction over
criminal cases of other states
Appellate courts in N.C.
2
- court of appeals
2. supreme court
Trial court in N.C.
2
- superior court
- district court
Hearing things for the first time
Lowest level court in N.C.
district court
What are the requirements for subject matter jurisdiction in district court?
What are the requirements for subject matter jurisdiction in superior court?
> 25k in controversy
-cannot go below 25k
Amount in controversy does not include what?
Interests on moneys owed; nor,
Cost
Can amount in controversy result from aggregation?
Yes
If multiple claims brought they can be aggregated
What happens to the amount in controversy if two unrelated claims are brought together?
The claim of highest value controls where the suit goes
The district courts have jurisdiction over:
7
- civil cases
The Superior Court has jurisdiction over:
8
- All civil cases where the amount in controversy exceeds $25,000.
- Will Probate
- Actions for injunctive or declatory relief
- Constitutional Claims
- Takings
- Administrative Agency Claims
- Felony actions
- Actions to quiet title
When can you appeal directly to N.C. Supreme Court
3
- death penalty is given as a punishment
- Constitutional question cases
- Court of appeals has reviewed a case and a judge has dissented
When can you appeal directly to N.C. Court of Appeals:
4
(1) from any final judgment of a Superior Court or District Court in a civil action;
(2) from final judgment of any criminal case where an error is propagated through affirmation;
(3) in other Superior Court criminal actions than those where appeal lies of right directly to the Supreme Court; and
(4) from any interlocutory order or judgment of a Superior Court or District Court which:
(a) affects a substantial right;
(b) determines the action and prevents a judgment from which an appeal might be taken;
(c) discontinues the action; or
(d) grants or refuses a new trial
What are interlocutory orders?
a ruling by a trial court that is made before all claims are resolved as to all parties.
The Supreme Court and the Court of Appeals have concurrent jurisdiction to issue:
- command to halt trial court proceedings
- command a lower court to hear proceedings
- Can seek writ of cert
- Tell a lower court they are prohibited from hearing a case
- Habeus Corpus: get government to give you access to a person for trial
Subject matter jurisdiction cannot:
be conferred by consent, waiver or estoppel by the parties
North Carolina never has subject matter jurisdiction over
criminal cases of other states
Appellate courts in N.C.
2
- court of appeals
2. supreme court
Trial court in N.C.
2
- superior court
- district court
Hearing things for the first time
Lowest level court in N.C.
district court
What are the requirements for subject matter jurisdiction in district court?
What are the requirements for subject matter jurisdiction in superior court?
> 10k in controversy
-cannot go below 10k
Amount in controversy does not include what?
Interests on moneys owed; nor,
Cost
Can amount in controversy result from aggregation?
Yes
If multiple claims brought they can be aggregated
What happens to the amount in controversy if two unrelated claims are brought together?
The claim of highest value controls where the suit goes
The district courts have jurisdiction over:
7
- civil cases
The Superior Court has jurisdiction over:
8
- All civil cases where the amount in controversy exceeds $10,000.
- Will Probate
- Actions for injunctive or declatory relief
- Constitutional Claims
- Takings
- Administrative Agency Claims
- Felony actions
- Actions to quiet title
When can you appeal directly to N.C. Supreme Court
3
- death penalty is given as a punishment
- Constitutional question cases
- Court of appeals has reviewed a case and a judge has dissented
When can you appeal directly to N.C. Court of Appeals:
4
(1) from any final judgment of a Superior Court or District Court in a civil action;
(2) from final judgment of any criminal case where an error is propagated through affirmation;
(3) in other Superior Court criminal actions than those where appeal lies of right directly to the Supreme Court; and
(4) from any interlocutory order or judgment of a Superior Court or District Court which:
(a) affects a substantial right;
(b) determines the action and prevents a judgment from which an appeal might be taken;
(c) discontinues the action; or
(d) grants or refuses a new trial
What are interlocutory orders?
a ruling by a trial court that is made before all claims are resolved as to all parties.
The Supreme Court and the Court of Appeals have concurrent jurisdiction to issue:
- command to halt trial court proceedings
- command a lower court to hear proceedings
- Can seek writ of cert
- Tell a lower court they are prohibited from hearing a case
- Habeus Corpus: get government to give you access to a person for trial
