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7 Cards in this Set
- Front
- Back
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Defined & Distinguished
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Subject matter jurisdiction: the court's power to hear a specific case
Personal jurisdiction: the court's power over a party to the action or a party's property |
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Defined & Distinguished
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Venue: the proper placement of a case within a judicial system
- Necessary but dispensable requirement - SMJ & PJ are required |
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Texas Trial Courts
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To determine if court has SMJ, determine:
1. Whether the type of case or relief sought requires the case to be filed in a particular court or courts 2. If the answer to #1 is no, then ask the amount in controversy in the suit |
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Type of Case
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- The type of case or relief sought may create exclusive jurisdiction in one court or concurrent j/d in various courts
- Ex: district court has exclusive j/d over cases seeking a determination of title to land or enforcement of a lien on land |
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Amount in Controversy
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Calculating the Amount:
- The amount prayed for in good faith by P determines the amount in controversy - If there is a claim for other than money damages (e.g., injunction or mandamus), the amount in controversy is usually determined with reference to the value of the thing or interests sought to be restrained |
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Specific Limits
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1. Justice courts: up to $10,000
2. Constitutional county courts: from $200.01-10,000 3. County courts at law: from $200.01 to the maximum amount found in the statute that created the specific court - Maximum j/d amount is $100,000, unless changed for a specific court by statute |
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Specific Limits
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4. District courts: when the amount in controversy exceeds $500
- No upper limit |
