Regarding waivers and subject matter jurisdiction, which statement is true?

Unlock all questions

This demo includes only 20 questions. Upgrade to access hundreds of questions, flashcards, exam simulations, and disable ads.

Full question bankExam simulationsFlashcards
From $25.99Unlock all

Prepare for the New York Multistate Bar Exam with comprehensive study resources. Access multiple-choice questions, detailed explanations, and exam tips to boost your preparation and confidence.

Multiple Choice

Regarding waivers and subject matter jurisdiction, which statement is true?

Explanation:
Subject matter jurisdiction is the court’s power to hear a particular kind of case, and it cannot be waived by the parties or consent. Because it concerns the court’s authority, not the merits, a defense or issue about SMJ can be raised at any stage of the proceedings—and the court can address it even after trial or on appeal. If the court finds lack of SMJ, the case must be dismissed and any judgment may be void for that reason. So the statement that subject matter jurisdiction can be raised at any time is the correct principle.

Subject matter jurisdiction is the court’s power to hear a particular kind of case, and it cannot be waived by the parties or consent. Because it concerns the court’s authority, not the merits, a defense or issue about SMJ can be raised at any stage of the proceedings—and the court can address it even after trial or on appeal. If the court finds lack of SMJ, the case must be dismissed and any judgment may be void for that reason. So the statement that subject matter jurisdiction can be raised at any time is the correct principle.

More Multiple Choice Questions
Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy