South Carolina Putting It All Together - Governing Law and Jurisdiction Provisions

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This form brings together several boilerplate contract clauses that work together to outline the laws that will govern all or parts of the contract and to determine the legal forum or jurisdiction for any claims that may arise under the contract agreement.

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FAQ

Pursuant to the long arm statute, a court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's: (1) transacting any business in this State; (2) contracting to supply services or things in the State; (3) commission of a tortious act in whole ...

Section 22-3-540 provides that magistrates (and by implication, municipal judges) have exclusive jurisdiction over all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days.

Criminal cases that have more severe consequences are referred to the General Sessions Court. The Magistrate Court also handles small claims disputes up to $7,500 in value and landlord-tenant disputes. Civil cases that exceed small claim maximum value are removed to the Court of Common Pleas.

SECTION 22-3-710. Proceedings commenced on information. All proceedings before magistrates in criminal cases shall be commenced on information under oath, plainly and substantially setting forth the offense charged, upon which, and only which, shall a warrant of arrest issue.

Municipal courts have jurisdiction over cases arising under ordinances of the municipality, and over all offenses which are subject to a fine not exceeding $500.00 or imprisonment not exceeding 30 days, or both, and which occur within the municipality.

Magistrates generally have criminal trial jurisdiction over all offenses subject to the penalty of a fine, as set by statute, but generally, not exceeding $500.00 or imprisonment not exceeding 30 days, or both.

The ACT Magistrates Court has jurisdiction to deal with claims or disputes for amounts up to $250,000, see section 257 of the Magistrates Court Act 1930. Claims lower than $250,000 can also be resolved in the ACT Supreme Court; generally, however, the Court tends to deal with matters over $250,000.

In South Carolina, the judiciary has four general levels. The Magistrate Courts, Municipal Courts, and Probate Courts are courts of limited jurisdiction hearing cases involving misdemeanors, traffic offenses, and probate matters.

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South Carolina Putting It All Together - Governing Law and Jurisdiction Provisions