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 kind of cases do Circuit Courts in Virginia hear?

Answer 3

• Circuit Courts are trial courts in which significant disputes are adjudicated.
• They can hear any civil action (valued over $4,500 [$4,501 and up]) 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.

Keep note of this specific personal property thing. May come up later in VA Civ Pro or VA Personal Property Law.

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

check

Question 9

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

Answer 9

Pleadings, discovery, and juries.

check

Question 10

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

Answer 10

in very limited circumstances under the VA FOIA

some criminal matters

This is only relevant in themis to show that GDC has JX over FOIA claims

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?

In Virginia, “detinue” refers to a procedure by which a party may recover possession of “unlawfully withheld” personal property.

Answer 11

$25,000 and 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

Check

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?

Landlord/tenant disputes

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)

check

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…

Not in outline

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?

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

Outline says DC cannot issue injunction in FOIA action

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…

Answer 24

more than $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.

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 (as opposed to category A)…

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?(4)

Answer 33

1. Choice of Forum Clause
2. Real Propert: Where the land is located
3. Wills: Where the will was or could have been probated
4. Injunctive relief: Must sue in the district where the D will be forced to perform

Question 34

What kinds of venue choices are in Category B?(7*)

Answer 34

1. Where D resides or works
2. Where D has its PPB
3. Where the D does “substantial business,” so long as that place is related to P’s case
4. Where a business D’s registered agent is located
5. Where corporate D’s CEO resides
6. Where COA arose
   * Contracts: lacst act that formed the K or where the breach occurred
   * Tort: where the wrongful acts or harm occurred
   * Everything else: analogize to contracts or torts
7. Multiple defendants: a venue that is lawfful for any one D is lawful for all other Ds

Question 35

Can SMJ be waived in VA?

Answer 35

No, a party may object to subject matter jurisdiction on a claim at any time, even for the first time upon appeal, and the court may raise the issue sua sponte