Subject Matter Jurisdiction

AuthorJennifer Duncan-Brice
Pages239-264
6-1
suBJeCT MaTTeR
JuRisDiCTiOn
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
ILLINO IS PRETR IAL PRAC TICE 6-2
suBJeCT MaTTeR
JuRisDiCTiOn
II. The Illinois Supreme Court
A. Organization
§6:20 Function
§6:21 Scope of Jurisdiction
§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 RIGHT
§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

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT