Subject Matter Jurisdiction

• Author: Jennifer Duncan-Brice
• Pages: 231-256

SUBJECT MATTER

JURISDICTION

6-1

CHAPTER 6

SUBJECT MATTER JURISDICTION

QUICK VIEW

Def‌inition: Subject matter jurisdiction is the power of the court to render a binding judgment in a particular type of

case. A judgment of a court without subject matter jurisdiction is void.

Scope of Chapter: Subject matter jurisdiction of the Illinois Circuit Courts, Appellate Court, Court of Claims and

Supreme Court. Subject matter jurisdiction of the federal district courts.

Statutes and Rules: Ill Const Art IV, §§3,9, Art V §6, Art VI §§3-9; 82 ILCS 306/1 et seq, 305/13 et seq, 306/1

et seq; 83 ICLS 305/13 et seq, 306/1 et seq, 310/1 et seq; 220 ILCS 5/1-101 et seq, 5/4-101, 5/10-201; 735

ILCS 5/1-101 et seq, 5/2-1301, 5/3-101, 5/3-104, 5/3-112, 5/8-111; 820 ILCS 404/602 (A); SCR 301-308,

315, 317; 74 Ill Adm Code §790; 28 USC §§1331, 1332, 1367, FRCP 8.

Related Topics: Personal Jurisdiction, Ch 7; Venue, Ch 8; Service of Process, Ch 9; Motion Practice, Ch 14; Attacking

the Pleadings, Ch 15; Defaults and Dismissal for Want of Prosecution, Ch 31.

TABLE OF CONTENTS

I. OVERVIEW

A. General Points

§6:01 Subject Matter Jurisdiction Def‌ined

§6:02 Illinois Court System

§6:03 Administrative Tribunals

§6:04 Lack of Subject Matter Jurisdiction

§6:05 Challenging SMJ

§6:06 Justiciable Matters

§6:07 Judicial Matter Created by Legislature

§6:08 Jurisdiction After Dismissal

§6:09 Jurisdiction vs. Standing

B. Related Concepts

§6:10 Personal Jurisdiction

§6:11 Venue

§6:12 Technical Defect

II. THE ILLINOIS SUPREME COURT

A. Organization

§6:20 Function

§6:21 Scope of Jurisdiction

SUBJECT MATTER

JURISDICTION

Illinois Pretrial Practice 6-2

§6:22 Location

§6:23 Members

B. Jurisdiction

1. Original Jurisdiction

§6:30 Exclusive Original Jurisdiction

§6:31 Permissive Original Jurisdiction

§6:32 Procedure to Invoke Court’s Original Jurisdiction

2. Appeals from Appellate Court

§6:40 Avenues of Appeal

§6:41 Appeal as of Right of Constitutional Questions

§6:42 Appeal as of Right by Certif‌icate of Importance

§6:43 Petition for Leave to Appeal

3. Direct Appeals from Circuit Courts

§6:50 Death Penalty Cases

§6:51 Mandatory Appeals

§6:52 Discretionary Appeals

III. THE ILLINOIS APPELLATE COURTS

A. Organization

§6:60 Function

§6:61 Districts

§6:62 Divisions Within a District

B. Location

§6:70 First District

§6:71 Second District

§6:72 Third District

§6:73 Fourth District

§6:74 Fifth District

C. Jurisdiction

1. Appeal as of Right From Final Judgments of Circuit Courts

§6:80 Final Judgments of Circuit Courts

§6:81 Jurisdictional Steps

§6:82 Matters Over Which Court Has Jurisdiction

§6:83 Non-Party Right to Appeal

§6:84 Procedure

2. Final Judgments That Do not Dispose of Entire Proceeding

§6:90 After Special Finding

§6:91 Without a Special Finding

3. Interlocutory Appeals as of Righ t

§6:100 Def‌inition

§6:101 Appealable Interlocutory Orders

§6:102 Limited Scope of Jurisdiction Under Rule 307

§6:103 Substance vs. Form of Order

4. Discretionary Review

§6:110 Petitions for Leave to Appeal

§6:111 Interlocutory Appeals by Permission

§6:112 Review of the Decisions of Administrative Bodies

IV. THE CIRCUIT COURTS

§6:120 Jurisdiction and Function

§6:121 Location

§6:122 Divisions Within Circuits

§6:123 Divisions Within County

§6:124 Administrative Functions

§6:125 Cook County