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Prerequisites for Subject Matter Jurisdiction
The really bid deal, the real issue in void judgments is SUBJECT MATTER JURISDICTION! Remember, subject matter can never be presumed, never be waived, and cannot be construed even by mutual consent of the parties. Subject matter jurisdiction is two part: the statutory or common law authority for the court to hear the case and the appearance and testimony of a competent fact witness, in other words, sufficiency of pleadings.
Subject matter jurisdictional failings:
- No Petition in the record of the case, Brown v. VanKeuren, 340 Ill. 118, 122 (1930)
- Defective Petition filed, Brown v. VanKeuren, 340 Ill. 118, 122 (1930)
- Fraud committed in the procurement of jurisdiction, Fredman Brothers Furniture v. Dept. of Revenue, 109 Ill.2d 202, 486 N.E.2d 893 (1985).
- Fraud upon the court, In re Village of Willowbrook, 37 Ill. App.3d 393 (1962)
- A judge does not follow statutory procedure, Armstrong v. Obucino, 300 Ill. 140, 143 (1921).
- Unlawful activity of a judge, Code of Judicial Conduct.
- Violation of due process, Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019 (1938); Pure Oil Co. v. City of Northlake, 10 Ill.2d 241, 245, 140 N.E.2d 289 (1956); Hallberg v. Goldblatt Bros., 363 Ill.25 (1936);
- If the court exceeded its statutory authority, Rosenstiel v. Rosenstiel, 278 F.Supp. 794 (S.D.N.Y. 1967).
- Any acts in violation of 11 U.S.C. §362(a), In re Garcia, 109 B.R. 335 (N.D. Illinois, 1989).
- Where no justiciable issue is presented to the court through proper pleadings, Ligon v. Williams, 264 Ill. App.3d 701, 637 N.E.2d 633 (1st Dist. 1994).
- Where a complaint states no cognizable cause of action against that party, Charles v. Gore, 248 Ill.App.3d 441, 618 N.E.2d 554 (1st Dist. 1993).
- Where any litigant was represented before a court by a person/law firm that is prohibited by law to practice in that jurisdiction.
- When the judge is involved in a scheme of bribery (the Alemann cases, Bracey v. Warden, U.S. Supreme Court No. 96-6133; June 9, 1997)
- Where a summons was not properly issued.
- Where service of process was not made pursuant to statute and Supreme Court Rules, Janove v. Bacon, 6 Ill. 2d 245, 249, 218 N.E.2d 706, 708 (1955).
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