Syllabus & Overview
T/F: Professor Kraengel prefers her UB email address.
False.
Two types of Subject Matter Jurisdiction [SMJx] possessed by NY courts allowing them to "hear" a case.
What is general jurisdiction and limited jurisdiction?
More specifically the courts needs both PJx and SMJx.
Limited SMJx means specific areas of law or subject matter of law that the court can hear. The State Supreme Court has general, "unlimited" SMJx.
Date the CPLR was codified.
[Bonus: how old is the CPLR this year?!]
What is Sept. 1, 1972?
[60 years]
Section of CPLR is codified for FNC (Forum Non Conveniens)
What is 327(a)?
Highest Court in NY's court system.
What is the NY Court of Appeals?
but the U.S. Supreme Court is above all else...
Number of fact patterns for the "Law Firm Assignments"
What is one?
Court for cases involving NYS or a representative of NYS.
What is the NY Court of Claims?
CPLR 104 establishes this
What is liberal construction?
"“Civil practice laws are to be liberally construed to secure the just, speedy and inexpensive determination of every civil judicial proceeding.”
What is before answering the complaint?
Appellate Department covering WNY.
[Bonus: Where is this department located?]
What is the 4th Department?
[Rochester, NY]
True/False: No notice is necessary to attend pre-approved special term sessions.
Depends.
Notice is required for Justice Siwek's special terms.
Notice is also required for proceedings before other courts other than those listed in the Memo.
Number of venues for NY Supreme Court.
What is 26?
Grounds for removal. [x4]
What is: [CPLR 325]
1) By SC for mistaken in choice of court.
2) Court does not have jurisdiction to grant relief.
3) with consent if damages are insufficient to be hear by the court.
4) without consent if damages are insufficient to be heard by the court.
Lucky is a UB student who sues Great Burger - a california business with no NY contacts - successfully in the Supreme Court, Erie County, while attending UB. Lucky is expelled after his first semester for eating burgers in Professor Kraengel's class.
Can Lucky transfer the case back to California since he wont be living there anymore?What is no?
Transferring venue is within the same jurisdiction; Instead, a forum non convenience objection, dealing with change of forum, is appropriate.
Only area of NY without a county court.
What is NYC?
First "code" in the 19th Century upon which the CPLR can trace its heritage.
What is the 1848 David Dudley Field Code?
NY courts that serve as both trial and appellate courts.
What are County Courts [also accept appellate terms of 1st & 2nd Dept.]
Two statutory exceptions to CPLR 2004 are:
What is
-(1) statutes of limitations [CPLR 201];
-(2) Time to appeal [CPLR 5514(C)].
Do courts usually enforce a forum selection clause?
What is yes?
Maximum value of cumulative claims for county courts.
What is $25,000.00
Professor Kraengel's law firm.
Madison is excluded from this question.
What is Duke Holzman?
Article # under Court Acts that grant a court jurisdiction.
What is article 2.
Number of Articles.
What is 100?
A Nevada doing business in NY filed an action in Buffalo, but paid the fee typical for courts in Nevada.
(1) Is the court required to dismiss the action?
(2) What BCL should the court rely upon to decide this motion?
(1) What is no?
(2) What is BCL 1312?
Number of Supreme Courts in NY.
What is one?