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

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

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

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

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

6. 6 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.

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

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

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

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

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

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

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

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

15. 15 SUMMARY Subject Matter Jurisdiction PREVIEW Personal Jurisdiction SUMMARY Subject Matter Jurisdiction PREVIEW Personal Jurisdiction