Subject Matter Jurisdiction

Question 1

State courts can hear any case except…

Answer 1

those for which there is exclusive federal question jurisdiction (which are rare – e.g., federal antitrust, patent infringement, and bankruptcy).

Question 2

Since state courts can hear most cases, the question becomes “which state court?” as Virginia has _ trial courts.

Answer 2

2

Question 3

What are Circuit Courts in Virginia?

Answer 3

• 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.

Question 4

The main exception to Circuit Court jurisdiction is…

Answer 4

actions for monetary claims or claims to specific personal property of $4,500 or less.

Question 5

Claims $4,500 or less (may/must) go to the District Court.

Answer 5

MUST. This is not permissive.

Question 6

What is the jurisdiction of the General District Court (GDC)?

Answer 6

Actions for monetary claims or claims to specific personal property of $4,500 or less.

Question 7

SMJ of District Courts is statutory and for causes of action under ___.

Answer 7

law

Question 8

General district courts are courts ___________, a less formal type of court than circuit courts.

Answer 8

not of record

Question 9

District courts do not have these types of legal filings/procedural rights.

Answer 9

Pleadings, discovery, and juries.

Question 10

In the District Court, injunctions cannot be granted. What is the exception to this?

Answer 10

A plaintiff can get an injunction to enforce state Freedom of Information Act.

Question 11

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?

Answer 11

$25,000 or less.

Question 12

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?

Answer 12

$25,000; file in circuit court.

Question 13

District Courts may hear interpleader cases if the real or personal property is worth….

Answer 13

$25,000 or less. But, no injunction to stop litigation in other courts.

Question 14

GDC can hear interpleader in any amount (even over $25,000) in what type of dispute?

Answer 14

Earnest money deposit in a land sale contract

Question 15

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?

Answer 15

There is no cap for District Courts.

Question 16

GDC may grant _________ regardless of amount.

Answer 16

distress warrants (sheriff seizes property for creditor)

Question 17

District Courts have exclusive SMJ over…

Answer 17

monetary recovery or specific personal property of $4500 or less.​

Question 18

In determining amount in controversy, do not include…

Answer 18

interest or attorney’s fees.

Question 19

Each District Court has a small claims court, with concurrent jurisdiction over…

Answer 19

claims that do not exceed $5,000.

Question 20

Which court could hear the following? Circuit or District Court?

1. P sues D for $6,000 damages for breach of contract
2. What if it were for damages of $26,000?
3. What if it were for damages of $3,000?
4. Interpleader, with a stake worth $20,000.
5. 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?
7. On the facts of this case, with a detinue claim of $3000, what court has SMJ?

Answer 20

1. 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.
2. Circuit Court because it exceeds $25,000.
3. District Court only because it is $4,500 or less.
4. Either, because it doesn’t exceed $25,000, but it is more than $4,500.
5. Circuit court
6. This is detinue. Must be at District court because it is $4,500 or less.

Question 21

GDC/Circuit Court chart?

Answer 21

1. Actions at law (contract or tort)/detinue(aka conversion)
   
   1. $4,500 or less: DC
   2. $4,501-$25,000: Either
   3. $25,001 or more: CC
   4. Small claims $5,000 or less: Small claims/DC
2. Misc. Cases
   
   1. Rent due (“distress”) claims or evictions: Either, no cap for DC
   2. Attachment cases for personal property: DC if $25k or less. If more, CC.
   3. Attachment cases for real property: CC only, regardless of value.
   4. 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.
3. Injunctions
   
   1. Injunction to enforce state Freedom of Information Act: either
   2. All other injunctions: CC only

Question 22

If the plainiff amends her District Court case to be more than $25,000. What does the District Court do?

Answer 22

It must transfer the case to the Circuit Court. Circuit Court now has jurisdiction.

Question 23

Motions to amend the pleading that makes the claim eligible for the other court and transfer to the other court must be made within..

Answer 23

10 or more days before trial (unless good cause is shown). P pays filing and other fees to the clerk of the respective court.

Question 24

There is an absolute right to appeal a final judgment from General District Court to Circuit Court if the “amount involved” is more than…

Answer 24

$20. This means a party who is “aggrieved” by more than $20 by the judgment in GDC can appeal.

Question 25

What does “aggrieved” mean?

Answer 25

The amount you claimed you were owed but did not receive, or the amount you paid but did not feel you had to pay.

e.g. Suit against A&B in GDC. A claims $15k in damages. A wins for $14k. She is aggrieved by $1k. B is aggrieved by $14k.

Question 26

What are the steps for appealing the final judgement to the Circuit Couirt?

Answer 26

1. file written notice of appeal with clerk of General District Court within 10 days of judgment;
2. post bond and pay writ tax in General District Court within 30 days of judgment (10 days, however, if unlawful detainer case).

Question 27

Seeking rehearing at General District Court (does/does not) increase the time requirements for appeal.

Answer 27

does not

Question 28

On appeal, the circuit court hears the case de novo. This means…

Answer 28

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.

Question 29

If the _________ appeals, the plaintiff may thereafter amend her claim to more than $25k. If the ________ appeals, she may not.

Answer 29

defendant; plaintiff

Question 30

Will Virginia courts enforce a contractual provision that says that a case must be filed in a particular place (forum selection clause)?

Answer 30

Yes, if it is fair and reasonable.

Question 31

“Category A” Venue is the venue category to which…

Answer 31

statutes prescribe the appropriate place for trial.

Question 32

Category B Venue choices are for…

Answer 32

the regular, old, run-of-the-mill case (anything not falling within Category A Venue).

Question 33

What types of cases are in Category A venue?

Answer 33

Ludacris wants will.i.am’s ideas

1. Local Actions
2. Wills
3. Writs
4. Injunctions

Question 34

What kinds of venue choices are in Category B?

Answer 34

1. Where DF resides or principal place of employment
2. Where DF is incorp./PPB
3. registered office/office of agent
4. location of witnesses
5. D’s business activity
6. Where COA arose

Question 35

What is a local action?

• Venue
  
  • Cat. A
    
    • Local Actions
    • Wills
    • Writs
    • Injunctions

Answer 35

Cases for the recovery, partition or judicial sale of land, to establish boundaries to land, for unlawful entry or detainer of land (including trespass), to subject land to a debt, to quiet title to land or remove an encumbrance on land.

Question 36

What is the proper venue for local actions?

• Venue
  
  • Cat. A
    
    • Local Actions
    • Wills
    • Writs
    • Injunctions

Answer 36

Where the land or any part thereof lies.

Question 37

The local action venue rule has been abolished in…

• Venue
  
  • Cat. A
    
    • Local Actions
    • Wills
    • Writs
    • Injunctions

Answer 37

Federal courts

Question 38

What is the Category A venue rule for Wills?

• Venue
  
  • Cat. A
    
    • Local Actions
    • Wills
    • Writs
    • Injunctions

Answer 38

Cases to establish or impeach a will should be brought where the will was probated or, if not yet probated, where it could have been offered for probate.

Question 39

What is the Category A venue rule for Writs?

• Venue
  
  • Cat. A
    
    • Local Actions
    • Wills
    • Writs
    • Injunctions

Answer 39

For writs of:

• mandamus (e.g., forcing an officer to perform a ministerial act)
• prohibition (e.g., stopping lower court from exercising jurisdiction), or
• certiorari (e.g., basically for review of zoning decisions)

lay venue at the place where the proceeding to which the writ relates is located.

Question 40

What is the Category A venue rule for Injunctions?

• Venue
  
  • Cat. A
    
    • Local Actions
    • Wills
    • Writs
    • Injunctions

Answer 40

Venue is proper where:

• the subject proceeding or judgment is pending
• was rendered, or
• where the subject act is to be done,
• is being done, or
• is apprehended to be done.