New York Practice-LF

New York Practice-LF - New York Practice Professor...

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New York Practice Professor Alexander I. Subject Matter Jurisdiction: The courts power to hear a particular type of case *lack of subject matter jurisdiction is fatal to a case, the objection can be raised at any time, it is not subject to waiver *the power of the court to hear a case is derived from the state constitution, Article VI, the parties cannot change the courts power by agreement A. Supreme Court *NYS Constitution Article 6 § 7: The supreme court shall have general jurisdiction in law and equity *supreme courts can hear every case at trial level, doesn’t matter where the parties are from or where the cause of action arose *§7 (a) granted the supreme court general jurisdiction over all cases where it existed before, this was at the time the state courts were created so it meant those causes of action that existed in the English common law *§7 (b) granted the supreme court general jurisdiction over all new classes of actions as they are created, this was passed in 1962 and has been interpreted to mean any new action created since the creation of the courts *Limitations on supreme court jurisdiction *if Congress or the Constitution gives federal court exclusive jurisdiction. For example, disputes between states, copyrights and patents *if a person is suing NY state in tort or contract, supreme court has no jurisdiction, NY has waived its sovereign immunity only if the case is brought in the court of claims * Supreme Court Appellate Term: permitted by state constitution, created to ease the burden on the appellate division. These courts can hear appeals from city courts, district courts, county court, NYC civil court. Only the 1 st and 2 nd dep’t have established these. * CPLR 325: * the supreme court may remove that action to the proper court if it is brought in the wrong court by mistake * if an action is brought in a court of limited jurisdiction in the wrong court a court having jurisdiction may remove the action to itself by motion * where a lower court would have jurisdiction because the amount of damages demanded was excessive, the court where it is pending can remove it upon reduction of the damages demanded upon consent of all parties * where a lower court would have jurisdiction because the amount of damages demanded seems excessive, the court can remove it to 1
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a lower court without consent, but the damages limits of the court where the action was originally commenced B. Other Civil Courts: limited jurisdiction, usually based on monetary limits, the monetary limits do not apply to counter claims. Each of the lower courts has its own procedure act, CPLR fills in any gaps 1. County Court: monetary maximum of $25,000 + residency requirement, the defendant must reside in the county *The residency requirement is actually an aspect of personal jurisdiction, it is waivable *residency requirement applies only to monetary actions, (not equity?) 2. New York City Civil Court: monetary maximum of $25,000 3. City Court: monetary maximum of $15,000
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This note was uploaded on 02/18/2008 for the course LAW 2000 taught by Professor Kniffin during the Spring '02 term at St. Johns Duplicate.

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New York Practice-LF - New York Practice Professor...

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