Trial Courts Flashcards
Trial Courts - List 10
Supreme Court County Court Surrogates Court Family Court Court of Claims NYC Criminal Court NYC Civil Court District Courts City Courts Town and Village Courts
Competence
If a court lacks subject matter jurisdiction, any decision rendered in the case is legally void. The issue of Subject matter jurisdiction cannot be waived.
Supreme Court (NY) Jurisdiction
Court of General Jurisdiction
Jurisdiction over cases not exclusively granted to other courts. Exclusive jurisdiction over MAD matrimonial actions Article 78 Declaratory Judgements
Has a branch in each county
County Court
jurisdiction:
criminal cases,civil actions in county over all D’s who reside or have a business in the county.
If business in county - CoA needs to have arisen in county
civil actions limit of $25000
Surrogates Court
Broad Jurisdiction over cases involving a decedent and inter vivos trusts
Family Court
family matters and criminal cases involving juvenile delinquency
NOT matrimonial actions (Divorce, annulment, separation) SC
May hear matters incidental to a matrimonial action (child support) that the SC refers to it
NYC Criminal Court
Jurisdiction over misdemeanor and lesser offenses in NYC.
Felonies are tried in a special division of the Supreme Court
NYC Civil Court
jurisdiction limit of $25000
includes personal and real property.
summary eviction to remove tenants from leased property court may grant judgement for rent due in any amount.
not limited to $25000
District Courts
jurisdictional limit of $15k
no limitations in counter claims.
Summary proceedings without limit on rent due
Some minor criminal actions
Contains “small claims” division with limits to $5000 sought
Only Nassau and Suffolk county have District courts ATM
City Courts
Reside in every city except NYC
jurisdiction over misdemeanors, summary proceedings, and civil actions to $15000 if D resides or has a place of business in the county.
Also have a special Small Claims Section for cases involving $5000 or less
Town and Village Courts
Jurisdiction over misdemeanors, summary proceedings, and civil actions up to $3000 if D resides or has a place of business in the county.
Appellate Courts - List 3
Appellate Term
Appellate Division
Court of Appeals
Appellate Term
Special division of the Supreme Court appointed by the Appellate Division to hear appeals from certain cases.
If no appellate term, appeal from these courts is made to Supreme Court
Only in 1st and 2nd departments
The Appellate Division
The court of first appeal except where there is an appellate term.
Can review both the law and the facts
Has original jurisdiction in cases such as:
Admission and supervision of attorneys;
Where all facts have been stipulated and parties desire only a decision on the law; and
proceedings where an mandamus or a prohibition is sought against a Supreme Court judge
The Court of Appeals
Highest court in NY State. Generally only hears appeals from the appellate court save for verdicts of death which are directly appealable to the court of appeals.
Court reviews only questions of law except may review facts in:
Death Penalty cases
Cases where AD has reversed a lower courts findings of facts and entered a different judgement based on those facts
What is lack of subject matter jurisdiction mean and when can a problem be raised?
If the court lacks subject matter jurisdiction it has no authority to decide the case. A problem with SMJ can be raised at any time.
Cases where the Supreme Court has exclusive jurisdiction
MAD
Matrimonial Actions
Article 78 proceedings
Declaratory Judgement Actions
Where the Supreme Court has NO jurisdiction
Suits against the state for money (Court of Claims)
Cases that need to be brought in Federal Court
When can an issue of Subject Matter Jurisdiction be raised?
At any Time
What is the difference between subject matter jurisdiction and personal jurisdiction on the issue of waiver?
Subject Matter Jurisdiction cannot be waived.
Personal jurisdiction can be waived by failing to raise an objection to it.
Failure to file a claim in the right county in Superior Court
Is NOT a matter of lack of SMJ but a question of venue.
Remedy is transfer, not dismissal.
As a general rule, cases should be heard in __________.
The lowest court possible.
Jurisdictional Requirement of County Courts
Must have a business or reside in the county
All counties have the authority to authorize a district court but only 2 counties have done so. Which counties?
Nassau and Suffolk
Describe procedures in Family Court
More informal, like surrogates court, and the CPLR rarely applies.
Monetary Limit to Counterclaims, Cross-Claims and Interpleaders in NY City Civil Court
Counterclaims - no limit
Cross-Claims and Interpleaders - $25000
In What Instances can the Court of Appeals review the Facts of a Case?
- Death Penalty Cases - these cases skip the Appellate Division so there is no other review of the facts.
- Where the Appellate Division has REVERSED a lower courts findings of facts and entered a different judgment based on those facts.
Court of Claims
Suits against NY State for Money damages
no juries
