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).
Since state courts can hear most cases, the question becomes “which state court?” as Virginia has _ trial courts.
2
What are Circuit Courts in Virginia?
- Circuit Courts are the mainstream courts of general SMJ.
- They can hear any civil action except those for which exclusive jurisdiction is vested in another court.
The main exception to Circuit Court jurisdiction is…
actions for monetary claims or claims to specific personal property of $4,500 or less.
Claims $4,500 or less (may/must) go to the District Court.
MUST. This is not permissive.
What is the jurisdiction of the General District Court (GDC)?
Actions for monetary claims or claims to specific personal property of $4,500 or less.
SMJ of District Courts is statutory and for causes of action under ___.
law
General district courts are courts ___________, a less formal type of court than circuit courts.
not of record
District courts do not have these types of legal filings/procedural rights.
Pleadings, discovery, and juries.
In the District Court, injunctions cannot be granted. What is the exception to this?
A plaintiff can get an injunction to enforce state Freedom of Information Act.
District Courts may hear actions at law tort/contract or actions in detinue for recovery of personal property or value thereof.
What is the amount in controversy limit for these claims?
$25,000 or less.
The district court may hear attachment cases for personal property if the value is ________ or less. But, if the attachment involves realty, regardless of value, what must the plaintiff do?
$25,000; file in circuit court.
District Courts may hear interpleader cases if the real or personal property is worth….
$25,000 or less. But, no injunction to stop litigation in other courts.
GDC can hear interpleader in any amount (even over $25,000) in what type of dispute?
Earnest money deposit in a land sale contract
District Courts may hear claims for rent due (“distress” claims) or to oust D from real property (“unlawful entry or detainer”). What is the amount in controversy cap?
There is no cap for District Courts.
GDC may grant _________ regardless of amount.
distress warrants (sheriff seizes property for creditor)
District Courts have exclusive SMJ over…
monetary recovery or specific personal property of $4500 or less.
In determining amount in controversy, do not include…
interest or attorney’s fees.
Each District Court has a small claims court, with concurrent jurisdiction over…
claims that do not exceed $5,000.
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.
- 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?
- On the facts of this case, with a detinue claim of $3000, what court has SMJ?
- 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.
GDC/Circuit Court chart?
- Actions at law (contract or tort)/detinue(aka conversion)
- $4,500 or less: DC
- $4,501-$25,000: Either
- $25,001 or more: CC
- Small claims $5,000 or less: Small claims/DC
- Misc. Cases
- Rent due (“distress”) claims or evictions: Either, no cap for DC
- Attachment cases for personal property: DC if $25k or less. If more, CC.
- Attachment cases for real property: CC only, regardless of value.
- Interpleader: DC for $25k or less, CC for more, DC can hear any interpleader for earnest money deposit in land sale k regardless of value.
- Injunctions
- Injunction to enforce state Freedom of Information Act: either
- All other injunctions: CC only
If the plainiff amends her District Court case to be more than $25,000. What does the District Court do?
It must transfer the case to the Circuit Court. Circuit Court now has jurisdiction.
Motions to amend the pleading that makes the claim eligible for the other court and transfer to the other court must be made within..
10 or more days before trial (unless good cause is shown). P pays filing and other fees to the clerk of the respective court.
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. This means a party who is “aggrieved” by more than $20 by the judgment in GDC can appeal.