Trial Courts

Question 0

Trial Courts - List 10

Answer 0

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

Question 1

Competence

Answer 1

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.

Question 2

Supreme Court (NY)
Jurisdiction

Answer 2

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

Question 3

County Court

Answer 3

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

Question 4

Surrogates Court

Answer 4

Broad Jurisdiction over cases involving a decedent and inter vivos trusts

Question 5

Family Court

Answer 5

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

Question 6

NYC Criminal Court

Answer 6

Jurisdiction over misdemeanor and lesser offenses in NYC.

Felonies are tried in a special division of the Supreme Court

Question 7

NYC Civil Court

Answer 7

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

Question 8

District Courts

Answer 8

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

Question 9

City Courts

Answer 9

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

Question 10

Town and Village Courts

Answer 10

Jurisdiction over misdemeanors, summary proceedings, and civil actions up to $3000 if D resides or has a place of business in the county.

Question 11

Appellate Courts - List 3

Answer 11

Appellate Term
Appellate Division
Court of Appeals

Question 12

Appellate Term

Answer 12

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

Question 13

The Appellate Division

Answer 13

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

Question 14

The Court of Appeals

Answer 14

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

Question 15

What is lack of subject matter jurisdiction mean and when can a problem be raised?

Answer 15

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.

Question 16

Cases where the Supreme Court has exclusive jurisdiction

MAD

Answer 16

Matrimonial Actions
Article 78 proceedings
Declaratory Judgement Actions

Question 17

Where the Supreme Court has NO jurisdiction

Answer 17

Suits against the state for money (Court of Claims)

Cases that need to be brought in Federal Court

Question 18

When can an issue of Subject Matter Jurisdiction be raised?

Answer 18

At any Time

Question 19

What is the difference between subject matter jurisdiction and personal jurisdiction on the issue of waiver?

Answer 19

Subject Matter Jurisdiction cannot be waived.

Personal jurisdiction can be waived by failing to raise an objection to it.

Question 20

Failure to file a claim in the right county in Superior Court

Answer 20

Is NOT a matter of lack of SMJ but a question of venue.

Remedy is transfer, not dismissal.

Question 21

As a general rule, cases should be heard in __________.

Answer 21

The lowest court possible.

Question 22

Jurisdictional Requirement of County Courts

Answer 22

Must have a business or reside in the county

Question 23

All counties have the authority to authorize a district court but only 2 counties have done so. Which counties?

Answer 23

Nassau and Suffolk

Question 24

Describe procedures in Family Court

Answer 24

More informal, like surrogates court, and the CPLR rarely applies.

Question 25

Monetary Limit to Counterclaims, Cross-Claims and Interpleaders in NY City Civil Court

Answer 25

Counterclaims - no limit

Cross-Claims and Interpleaders - $25000

Question 26

In What Instances can the Court of Appeals review the Facts of a Case?

Answer 26

1. Death Penalty Cases - these cases skip the Appellate Division so there is no other review of the facts.
2. Where the Appellate Division has REVERSED a lower courts findings of facts and entered a different judgment based on those facts.

Question 27

Court of Claims

Answer 27

Suits against NY State for Money damages

no juries