Term
| Jurisdictional amount for Justice Courts |
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Definition
up to $10,000
and
exclusive jurisdiction when AIC is $200 or less |
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Term
| Jurisdictional amount for County Courts |
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Definition
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Term
| Jurisdictional amount for County Courts at Law |
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Definition
AIC exceeds $200 with the upper limit decided by the legislature
(currently $200k) |
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Term
| Jurisdictional amount for District and Family District Courts |
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Definition
AIC exceeds $500
no upper limit |
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Term
| How is the amount in controversy determined? |
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Definition
It is the sum prayed for in good faith by the plaintiff in a monetary demand.
If there is a claim for other than money damages, the amount in controversy is usually determined with reference to the value of the thing or interests sought to be restrained.
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Term
| What must be stated in the original petition? |
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Definition
Petition shall state:
~ Names and addresses of the parties
~ A short statement of the cause of action suffcient to give fair notice of the claim involved
~in all claims for unliquidated damegs only the statement that the damages sought are within the jurisdictional limits of the court.
~a demand for judgment for all other relief which the party deems himself entitiled.
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Term
How do you determine which court has jurisdiction?
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Definition
| In Texas, it is generally the amount in controversy that determines which trial court or courts have jurisdiction over a lawsuit assuming the subject matter foes not place the case w/i exclusive jurisdiction of a particular court |
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Term
| What is the consequence for lack of jurisdiction? |
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Definition
| In Texas, a court that lacks jurisdiction over an action is required to dismiss as soon as it discovers it lacks subject matter jurisdiction |
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Term
| Rules 186 & 680 require certain pleadings by the plaintiff to be verified. They are: |
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Definition
1. a suit on sworn account
2. application for TRO intended to be granted on the strength of the pleadings |
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Term
| What is an amended pleading? |
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Definition
An amended pleading adds to or withdraws matters from a previous pleading to correct or change it.
It supersedes or takes the palce of the prior pleading and must be complete in itself. |
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Term
| When must an amendment be filed? |
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Definition
If made more than 7 days before trial, leave of court not required
Leave required:
w/i 7 days of trial
when filed after crt ordered all pleadings to be amended
or even when filed more than 7 days before trial and the other party claims surprise
Pretrial orders may set an earlier cutoff date
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Term
| How can a party prevent an amendment to a pleading? |
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Definition
A party must object by either:
1. filing a motion to strike the pleading
or
2. making a motion in opposition in open court
Opposing party should allege SURPRISE, PREJUDICE, and LACK OF DILIGENCE |
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Term
| What is a supplemental pleading? |
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Definition
A pleading made in response to the last previous pleading of the adverse party.
It adds to but does not supersede or replace the last pleading.
Matters previously pled need not be repeated.
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Term
| When must a supplemental pleading by filed? |
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Definition
Same rules as applied to amended pleadings:
w/o leave if filed 7 days before trial
Leave required if w/i 7 days of trial
or after the crt has already ordered all supplemental pleadings to do filed |
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Term
| If an objection is made to evidence during trial as not being supported by pleadings, under what circumstances should the court allow a trial amendment? |
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Definition
1. when presentation of the merits will be served
and
2. the objecting party fails to satisfy the court that the amendment would prejudice him in maintaining his action or defense. |
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Term
| Under what circumstances should a trial court allow a trial amendment with regards to charge to the jury? |
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Definition
When even though evidence is admitted w/o objection, an objection to the charge may still be made if the issue is not supported by the pleadings.
If the issue is given to the jury over the objection & w/o trial amendment, the crt has committed error.
WHen no objection , the issue may be submitted to the jury because of implied consent.
Trial crt may allow trial amendment after the close of evidence however. |
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Term
| How can a party preserve error after a court has allowed pretrial amendments and the party opposing needs more time? |
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Definition
If the trial court allows a pretrial amendment and the party opposing the amendment needs more time, that party should request a continuance to preserve error.
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Term
| What is the effect of a refusal of an offer of continuance? |
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Definition
| If the party refuses am offer of continuance, the party waives his right to complain on appeal. |
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Term
| If the court does not grant leave to amend, which party is responsible for ensuring the record reflects the ruling? |
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Definition
| The party opposing the amendment must ensure the record reflects the court's ruling, otherwise, the appellate court will presume the court granted leave to amend. |
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Term
| What is required to render a judgment against a defendant? |
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Definition
A judgment cannot be rendered w/o:
an appearance
waiver of citation
or
valid service |
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Term
| Requirements regarding waiver of service |
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Definition
The waiver must be:
- signed by D after suit brought
- an acknowledged recipt of P's petition
- & filed w/ the crt
- divorces, D's mailing address
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Term
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Definition
| Service is obtained in district & county court by providing the person serviced with a copy of both the citation and the petition. |
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Term
| When and where must a D file his answer? |
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Definition
| D must file a written answer with the clerk at the given address by 10am of the Monday following the expiration of 20 days after the service. |
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Term
| What is the result of failing to timely answer a petition? |
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Definition
| Failure to timely responde will result in default judgment against the defendant. |
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Term
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Definition
Service of citation with the P's petition attached can be done by either:
1. personal delivery
or
2. mailing the citation and petition by registered or certified mail, return recipt requested
3. on motion, by substituted service
4. order of any disinterested person
5. by publication after due dilegence |
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Term
| Personal Jurisdiction By consent |
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Definition
| Anytime a D makes a general appearance before the court, the D consents to the jurisdiction and waives all defects in service |
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Term
Service of Non-Texas Defendants:
Due Process Limitations |
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Definition
basic test:
whether the D has had minimum contacts witht eh forum state such tath the traditonal notions of fair play and substantial justice are served. |
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Term
Service of nonresidents:
Traditional Texas Approach |
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Definition
THe main Tx long arm statute requires a three-pronged test to acquire jurisdiction over a nonresident
- the nonresident D must purposefully do some act or consummate some transaction in Texas
- the cause of action must arise from or be connected with this act or transaction (specific jurisdiction)
- the assumption of jurisdiction by Texas must not offend tradtional notions of fair play and substantial justice -- considerations given to:
- quality, nature and extent of the activity in TX
- relative convience of the parties
- the benefits and protection of the laws of Texas afforded the respective parties
- the basic equities of the situation
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Term
Nonresident Service:
Modern Texas Approach |
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Definition
| Were a defendant had numerous, purposeful and substantial systematic contacts (general jurisdiction), it is not required that teh D purposefully do some act or consummate some transaction in texas. |
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