Civil Procedure Overview: What is Subject Matter Jurisdiction? (🚨 See below for update)

📚 LAW SCHOOL & BAR EXAM PREP

🤝 CONNECT WITH YOUR INSTRUCTOR

❤️ COMMUNITY & REVIEWS

📱 TECH

📣 ABOUT

Studicata provides a fresher, more relatable way to prep for law school finals and the bar exam. With top-rated video lectures, exam walkthrough videos, outlines, study guides, strategy guides, essay practice exams, multiple-choice assessments, performance tracking, and more—Studicata has you covered with everything you need to ace your finals and pass the bar exam with confidence.

—

🎬 VIDEO INFO

Civil Procedure Overview: What is Subject Matter Jurisdiction?

To have the authority to hear and decide a case before it, a civil court MUST have: (1) subject matter jurisdiction over the particular type of case being heard; (2) personal jurisdiction over the defendant; and (3) venue in the proper judicial district.

If any of these 3 things are missing, then the court does not have the authority to hear and decide the case before it. If the plaintiff wishes to pursue their cause of action, the case will have to be moved to a court that does satisfy all 3 requirements.

STATE COURTS vs. FEDERAL COURTS

State courts have "unlimited" subject matter jurisdiction, which means that they can hear almost any type of case. Conversely, federal courts have "limited" subject matter jurisdiction, which means they can only hear a limited set of particular types of cases (e.g., cases that satisfy diversity jurisdiction or federal question jurisdiction).

Thus, on a civil procedure essay, there is NO need to discuss whether a state court has subject matter jurisdiction (state courts can hear almost any type of case). Subject matter jurisdiction will only be at issue if you are dealing with a federal court.

[alexandrayanez]

I'd like to thank you and commend you for your explanations! You really helped me comprehend these concepts. I hope to see more videos from you!
Sincerely,
a lost 1L

[afrika-courtneyjames]

Anything on venue and pleadings please?

[taylorfelix]

Seriously can you replace my Business law professor 😂😂😂

[isabelamacavei]

I like these focused videos that show you the macro and micro picture of the puzzle. Signing up for your lessons. Great job!

[callamahr]

Thank you for taking the time to make this! This will be very helpful for my exam. Out of all the videos I've watched, your way of explaining concepts makes the most sense to me. :)

[johnf]

The federal government has no rights for violations in Religion and constitutional Conformity: Ex: A contentiousness objector refuse to comply with police to give blood: even with a warrant

[rightman]

Unless there is no fact in controversy, then there is no SMJ anywhere.

[shanechase]

These are golden! Thank you for the videos!
Would you happen to have any videos on preclusion? Claim and/or issue?

[businessmeetings]

So if you want to use case law then challenge jurisdiction in these state courts. Case law is the law of the land

[c-LAW]

When challenged, the plaintiff must prove jurisdiction -- requires persistence, however, over attorneys bluffs. I'm still searching for how attorneys can prove jurisdiction outside the constitution -- because all Rules of Civil procedure are outside of the constitution.

[falesharoberts]

So what if a state superior court judge denies a protective order per subject matter jurisdiction? But then validates it with reasoning being a separate county in the same state is where it should be heard ? Aka the venue ?

[commondude]

Nevertheless, IF subject matter jurisdicrion is initially challenged, the court MUST then prove subject matter jurisdiction, on the record. Subject matter jurisdiction cannot be waived. If the court does not prove subject matter jurisdiction, once challenged, you automatically win the case. Let's not explain away our rights regarding this important issue, by omitting this legal and binding truth. 👍

[vitorrios]

thanks for the video!! Its amazing how different it is civil procedure in comon law!! im not familiar with comom law since I am from Brazil, and here the civil law is our primarily source of law, so instead, we have a big code of procedure law consists more than 2.000 articles divided in chapter, sections!!! So things here are lot more complicated!!! thanks for the video!!!

[edwardartz]

Question for Studicata, have you ever heard of an express statutory grant of jurisdiction for federal courts?