CALIFORNIA CIVIL LITIGATION SUBJECT MATTER JURISDICTION 2005 by

CALIFORNIA CIVIL LITIGATION SUBJECT MATTER JURISDICTION © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

JURISDICTION— is the power of a court to render an enforceable judgment. 2

SUBJECT MATTER JURISDICTION— the power of the court to act in a particular type of case. 3

SUBJECT MATTER JURISDICTION IN CALIFORNIA COURTS 1. Establish the type of case. 2. Determine the amount in controversy. 4

STATE SUPERIOR COURT CASES Limited civil cases—no more than $25, 000. Unlimited civil cases—more than $25, 000. 5

SUBJECT MATTER JURISDICTION IN FEDERAL COURT 1. Determine the type of case. 2. Determine the amount in controversy. 3. Determine the citizenship of the parties. 6

FEDERAL TRIAL COURT JURISDICTION Limited to: Federal question cases and Diversity of citizenship cases 7

DIVERSITY OF CITIZENSHIP Cases: Between citizens of different states and Amounts in controversy over $75, 000 8

AMOUNT IN CONTROVERSY State court: determines superior court subject matter jurisdiction. Federal court: one of two determinations in diversity jurisdiction. 9

DETERMINING AMOUNT IN CONTROVERSY ¨ Attaches at filing of case ¨ Based on amount in prayer ¨ May be affected by joinder of claims 10

EXCLUSIVE JURISDICTION— case can only be brought in one jurisdiction. 11

Federal courts have exclusive jurisdiction over cases involving: Admiralty Maritime Patents Bankruptcy Copyright 12

CONCURRENT JURISDICTION — cases can be brought in federal and state courts. 13

JURISDICTION— requires both subject matter jurisdiction and personal jurisdiction. 14

SUMMARY Subject Matter Jurisdiction PREVIEW Personal Jurisdiction 15