Subject Matter Jurisdiction

Question 1

Subject matter jurisdiction is the question of whether

Answer 1

the court has power to hear the case.

Question 2

Subject matter jurisdiction is the question of whether

Answer 2

the court has power to hear the case.

Question 3

Subject matter jurisdiction cannot:

Answer 3

be conferred by consent, waiver or estoppel by the parties

Question 4

North Carolina never has subject matter jurisdiction over

Answer 4

criminal cases of other states

Question 5

Appellate courts in N.C.

2

Answer 5

1. court of appeals

2. supreme court

Question 6

Trial court in N.C.

2

Answer 6

1. superior court
2. district court

Hearing things for the first time

Question 7

Lowest level court in N.C.

Answer 7

district court

Question 8

What are the requirements for subject matter jurisdiction in district court?

Question 9

What are the requirements for subject matter jurisdiction in superior court?

Answer 9

> 25k in controversy

-cannot go below 25k

Question 10

Amount in controversy does not include what?

Answer 10

Interests on moneys owed; nor,

Cost

Question 11

Can amount in controversy result from aggregation?

Answer 11

Yes

If multiple claims brought they can be aggregated

Question 12

What happens to the amount in controversy if two unrelated claims are brought together?

Answer 12

The claim of highest value controls where the suit goes

Question 13

The district courts have jurisdiction over:

7

Answer 13

1. civil cases

Question 14

The Superior Court has jurisdiction over:

8

Answer 14

1. All civil cases where the amount in controversy exceeds $25,000.
2. Will Probate
3. Actions for injunctive or declatory relief
4. Constitutional Claims
5. Takings
6. Administrative Agency Claims
7. Felony actions
8. Actions to quiet title

Question 15

When can you appeal directly to N.C. Supreme Court

3

Answer 15

1. death penalty is given as a punishment
2. Constitutional question cases
3. Court of appeals has reviewed a case and a judge has dissented

Question 16

When can you appeal directly to N.C. Court of Appeals:

4

Answer 16

(1) from any final judgment of a Superior Court or District Court in a civil action;
(2) from final judgment of any criminal case where an error is propagated through affirmation;
(3) in other Superior Court criminal actions than those where appeal lies of right directly to the Supreme Court; and
(4) from any interlocutory order or judgment of a Superior Court or District Court which:
(a) affects a substantial right;
(b) determines the action and prevents a judgment from which an appeal might be taken;
(c) discontinues the action; or
(d) grants or refuses a new trial

Question 17

What are interlocutory orders?

Answer 17

a ruling by a trial court that is made before all claims are resolved as to all parties.

Question 18

The Supreme Court and the Court of Appeals have concurrent jurisdiction to issue:

Answer 18

1. command to halt trial court proceedings
2. command a lower court to hear proceedings
3. Can seek writ of cert
4. Tell a lower court they are prohibited from hearing a case
5. Habeus Corpus: get government to give you access to a person for trial

Question 19

Subject matter jurisdiction cannot:

Answer 19

be conferred by consent, waiver or estoppel by the parties

Question 20

North Carolina never has subject matter jurisdiction over

Answer 20

criminal cases of other states

Question 21

Appellate courts in N.C.

2

Answer 21

1. court of appeals

2. supreme court

Question 22

Trial court in N.C.

2

Answer 22

1. superior court
2. district court

Hearing things for the first time

Question 23

Lowest level court in N.C.

Answer 23

district court

Question 24

What are the requirements for subject matter jurisdiction in district court?

Question 25

What are the requirements for subject matter jurisdiction in superior court?

Answer 25

> 10k in controversy

-cannot go below 10k

Question 26

Amount in controversy does not include what?

Answer 26

Interests on moneys owed; nor,

Cost

Question 27

Can amount in controversy result from aggregation?

Answer 27

Yes

If multiple claims brought they can be aggregated

Question 28

What happens to the amount in controversy if two unrelated claims are brought together?

Answer 28

The claim of highest value controls where the suit goes

Question 29

The district courts have jurisdiction over:

7

Answer 29

1. civil cases

Question 30

The Superior Court has jurisdiction over:

8

Answer 30

1. All civil cases where the amount in controversy exceeds $10,000.
2. Will Probate
3. Actions for injunctive or declatory relief
4. Constitutional Claims
5. Takings
6. Administrative Agency Claims
7. Felony actions
8. Actions to quiet title

Question 31

When can you appeal directly to N.C. Supreme Court

3

Answer 31

1. death penalty is given as a punishment
2. Constitutional question cases
3. Court of appeals has reviewed a case and a judge has dissented

Question 32

When can you appeal directly to N.C. Court of Appeals:

4

Answer 32

(1) from any final judgment of a Superior Court or District Court in a civil action;
(2) from final judgment of any criminal case where an error is propagated through affirmation;
(3) in other Superior Court criminal actions than those where appeal lies of right directly to the Supreme Court; and
(4) from any interlocutory order or judgment of a Superior Court or District Court which:
(a) affects a substantial right;
(b) determines the action and prevents a judgment from which an appeal might be taken;
(c) discontinues the action; or
(d) grants or refuses a new trial

Question 33

What are interlocutory orders?

Answer 33

a ruling by a trial court that is made before all claims are resolved as to all parties.

Question 34

The Supreme Court and the Court of Appeals have concurrent jurisdiction to issue:

Answer 34

1. command to halt trial court proceedings
2. command a lower court to hear proceedings
3. Can seek writ of cert
4. Tell a lower court they are prohibited from hearing a case
5. Habeus Corpus: get government to give you access to a person for trial