Civil Procedure Multistate Bar Practice Exam

What happens if there is a lack of subject matter jurisdiction?

1. The court can waive the issue

2. The judgment would typically be void

3. The parties may choose to ignore it

4. The matter will be transferred to state court

The correct answer is: The judgment would typically be void

A lack of subject matter jurisdiction results in the court having no authority to hear the case. This principle is fundamental to the judicial system, as courts can only adjudicate cases within their designated jurisdictional limits. When a court renders a judgment without proper subject matter jurisdiction, that judgment is considered void. This means it has no legal effect, and can be challenged or disregarded by any party at any time. This framework is critical in ensuring that cases are adjudicated in the appropriate venues that have the proper authority over the subject matter. It underscores the importance of jurisdictional questions; if such a fundamental aspect is not met, it compromises the legitimacy of the court's processes and outcomes, resulting in conclusions that cannot be upheld. In the context of the other choices, waiving the issue of subject matter jurisdiction is generally not possible, as such jurisdictional matters are viewed as non-waivable. Ignoring a lack of subject matter jurisdiction does not negate its existence; parties cannot simply opt to overlook a fundamental jurisdictional deficiency. Transferring the matter to state court is also not a default solution, as subject matter jurisdiction must be established before any court can consider itself competent to hear the case, regardless of the forum.