Subject Matter Jurisdiction

Question 1

Article 2

Answer 1

Jurisdiction over the subject matter is the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted.

Question 2

Subject Matter Jurisdiction

Answer 2

the particular court in which the action has been filed must have jurisdiction over the subject matter of the controversy.

Question 3

Subject Matter Jurisdiction is determined by:

Answer 3

1) object of the demand
2) amount in dispute/value of the rights asserted
3) incidental demands

Question 4

Object of the demand

Answer 4

whether a court is empowered to hear the case depending upon the nature of the relief being requested

Question 5

Amount in dispute/value of the rights asserted

Answer 5

trial courts of limited jurisdiction are limited by a monetary cap on the value of the cases which come before them.

Determined by the good faith demand of the plaintiff, exclusive of interest, court costs, attorney’s fees or penalties, regardless of whether such expenses are permitted by law or agreement.

Question 6

Incidental demands

Answer 6

The exception to the amount in dispute limitation if related incidental demand, which exceeds the court’s jurisdictional ceiling, is filed in response to the main demand in parish or city court. If the parish or city court has subject matter jurisdiction over the main demand, it may have jurisdiction over the related incidental demand regardless of the amount of the incidental demand.

Question 7

Exception to Incidental Demands

Answer 7

If the incidental demand is a compulsory reconventional demand that exceeds the jurisdiction of the court, the entire action must be transferred to a court of proper jurisdiction.