NYP 2

Card Set Information

Author:
paul
ID:
23372
Filename:
NYP 2
Updated:
2010-06-13 17:07:39
Tags:
Subject Matter Jurisdiction
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Description:
NYP 2 - Subject Matter Jurisdiction
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  1. SUPREME COURT OF NY

    1) General scope of SMJ?
    2) Authority to grant money damages?
    3) Authority to grant equitable relief?
    1) SC of NY has supreme SUBJECT MATTER JURISDICTION over all types of controversies, regardless of

    • Residency of litigants
    • Where claim arose

    2) SC of NY has authority to grant money damages—it's power is "supreme"

    3) SC of NY has authority to grant equitable relief—it's power is "supreme"
  2. SUPREME COURT OF NY

    Exceptions to supreme jurisdiction? (i.e., court lacks jurisdiction)
    • Federal court has EXCLUSIVE jurisdiction (e.g., bankruptcy, patents, copyrights)
    • Claims for money damages in tort or contract against the STATE OF NY (does not include local govts or individual officers)—Court of Claims has jurisdiction
  3. SUPREME COURT OF NY

    Cases that SC NY has EXCLUSIVE SMJ over
    • Matrimonial actions
    • CPLR Article 78 proceedings (J/R of administrative actions, see NYP 13)
    • Declaratory actions

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