CIVIL PROCEDURE I
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Professor Arthur Stallworth
Southern University Law Center
Course Outline
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JURISDICTION
Subject Matter Jurisdiction
Defined as the legal power and authority of a court to hear a particular class of actions or proceedings based upon:
(1) The object of the demand;
(2) The amount in dispute; or
(3) The value of the right asserted.
Subject Matter Jurisdiction cannot be conferred by consent of the parties, and a judgment rendered by a court which lacks subject matter jurisdiction is void.
When subject matter jurisdiction is based upon the amount in dispute or value of the right asserted, interest, court costs, attorney fees or penalties are not included.
Courts of Original and General Jurisdiction
District Courts of the State of Louisiana have original and general jurisdiction over all matters, excluding those specifically granted to the Louisiana Supreme Court (admission and disciplinary proceedings against members of the bar).
Courts of Appeal
Permit appeal as of right in any civil matter to the appropriate circuit court of appeal.
1st Circuit – Baton Rouge
2nd Circuit – Shreveport
3rd Circuit – Lake Charles
4th Circuit – New Orleans
5th Circuit – Gretna
Louisiana Supreme Court
Has original jurisdiction over admission and disciplinary proceeding against members of the bar.
Appeal of right in certain cases involving:
(1) Constitutionality of a Statute
(2) Criminal Death Penalty Cases
Discretionary supervisory jurisdiction or application for writ of certiorari for review of Court of Appeal decisions.
Courts of Limited Jurisdiction
(1) Parish Courts
(2) City Courts
(3) Justice of the Peace Courts
Courts of limited jurisdiction have no jurisdiction over the following matters:
(1) Cases involving title to immovable property;
(2) Cases involving the ri
ourt.)
Courts of limited jurisdiction have concurrent jurisdiction with the District Courts over the following:
(1) Parish Courts
–Where the amount in dispute or value of the property involved does not exceed $20,000.00, with the following exceptions:
–Jefferson Parish Court – $10,000.00
(2) City Courts
–Where the amount in dispute or value of the property involved does not exceed $10,000.00, with the following exceptions:
–New Orleans, Baton Rouge, Slidell, Sulphur – $20,000.00
–Plaquemine, Oakdale, Ruston, Port Allen – $25,000.00
–Pineville – $35,000.00
–Lafayette, Bossier City, Lake Charles, Monroe,
Shreveport, Hammond – $15,000.00
(3) Justice of the Peace Courts
–Where the amount in dispute does not exceed $2,000.00
Courts of Limited Jurisdiction do not have jury trials.
