Subject Matter Jurisdiction

Question 1

What is Subject Matter Jurisdiction?

Answer 1

SMJ is the power of the court over the subject matter or the kind of action you have.

Question 2

Describe the IL court system

Answer 2

3-Tier system:
Circuit Courts
Appellate Courts
Supreme Courts

Question 3

What jurisdiction does the Circuit Court have?

Answer 3

Original jurisdiction over all justiciable matters, except those that fall under exclusive jurisdiction for IL Supreme Court or Federal courts

Question 4

What jurisdiction does the Appellate Court have?

Answer 4

Has jurisdiction over all FINAL decisions of circuit courts, except for cases that may be directly appealed to the IL Supreme Court

Question 5

What jurisdiction does the Supreme Court have?

Answer 5

General administrative authority

ORIGINAL Jurisdiction: Governor’s vacancy issues & Legislative redistricting issues

Question 6

P sues D in Illinois Circuit Court. P’s claim against D is one over which the federal courts have exclusive jurisdiction. D moves to dismiss the claim for lack of SMJ. How should the court rule?

Answer 6

Motion should be granted. Here, EJ for the federal courts.

Question 7

What types of orders may be appealed right away? (not final judgments)

Answer 7

1. Injunctions
2. Partial Final Orders-resolves some claims but not all, may be appealed if no just reason for delay
3. Significant Interlocutory Orders by Appellate Court Permission
4. Certified Questions-trial court may certify questions for instant appeal about a controlling issue of law

Question 8

When must an appeal be filed?

Answer 8

Within 30 days

Question 9

When must a certified question be filed in appellate court?

Answer 9

14 days

Question 10

What does the IL Supreme Court have mandatory jurisdiction over?

Answer 10

Any order by any IL ct declaring a statute unconstitutional

Question 11

What does the IL Supreme Court have discretionary jurisdiction over?

Answer 11

everything else, complete discretion.

Question 12

Can you waive or consent to lack of SMJ?

Answer 12

No, court must dismiss on its own on basis of SMJ

Question 13

What is Personal Jurisdiction?

Answer 13

PJ is the power of the IL courts over the D’s person of property

Question 14

When do you have Personal Jurisdiction in IL?

Answer 14

1. When IL law itself grants PJ AND

2. IL law is constitutional

Question 15

What are the three bases for Personal Jurisdiction?

Answer 15

Consent
Presence
Long-arm Statute