Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
23 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
What is subject matter jurisdiction (SMJ)?
|
-Power of the court to hear the claim
-Non-waivable thus the any party or the court may raise it -Can be raised at any time |
NC: courts of general jurisdiction and can hear any case except cases which the federal courts have exclusive jurisdiction
|
|
|
What are the types of cases that the federal courts have exclusive jurisdiction?
|
Federal Anti-trust Foreign diplomats
Bankruptcy US=party Patent/copyright Admiralty law Postal matters |
|
|
|
NC Appellate Courts hear cases which involve:
|
-Dissent in NC Court of Appeals
-Substantial constitutional issues -Rate making in utilities -Death penalty |
|
|
|
NC Courts of Appeals hear cases relating to:
|
-Superior & District courts
-Insurance rates cases -Administrative agencies -WC NC State Bar cases |
|
|
|
NC trial courts have two types of SMJ:
|
-exclusive jurisdiction
-property jurisdiction |
Exclusive jurisdiction: sole jurisdiction; case must be heard there
Proper jurisdiction: this court is the preferred court to hear the action |
|
|
What is the NC Superior Court's SMJ?
|
Exclusive: probate matters
Proper: -Civil actions in excess of $10K -Injunctive relief/declaratory actions |
|
|
|
What is the NC District Court's SMJ?
|
Exclusive: juvenile matters
Proper: -Civil actions for $10K or less -Family law matters -Traffic matters |
|
|
|
What is SMJ for magistrate courts?
|
Civil actions that do not exceed $5K.
Criminal cases-no jury trial Appeal for trial is de novo to Superior Court |
|
|
|
What is SMJ for federal court?
|
Diversity of citizenship
Federal question |
|
|
|
What are the requirements for diversity of citizenship?
|
-Amount in controversy exceeds $75K
-Complete diversity, i.e. all P's must be from different states as all D's |
|
|
|
How do you determine citizenship for individuals?
|
The state in which P:
-are residents AND -have an intent to remain indefinitely |
|
|
|
How do you determine citizenship of corporations?
|
-State of incorporation
-state of principle place of business |
|
|
|
How can the principal place of business be determined?
|
-Nerve center: where HQ is located
-Muscle test: where most e/ees are in contact with the public -combination of both |
|
|
|
What about unincorporated associations/partnerships--where are they residents?
|
every state where the members are citizens
|
|
|
|
Where is the citizenship of estates/infants/incompetents?
|
The state of the decedent, infant, or incompetent.
|
|
|
|
What does federal question mean?
|
P's claim just arise from federal law, the Constitution or a treaty.
|
|
|
|
What is supplemental jurisdiction?
|
Supplement jurisdiction allows the federal court to hear any state claims along with the federal claim as long as the state claim arises from the same case, transaction or occurrence (i.e. common nucleus of operative facts).
|
NOTE: The case must not be in federal court due to diversity of citizenship.
|
|
|
Supplemental jurisdiction is discretionary. The court may decline to exercise supplemental jurisdiction even if the requirements are met. The factors that the court considers when deciding whether to decline supplemental jurisdiction are:
|
-State claim is novel/complex issue
-State claim substantially predominates -District court has dismissed all claims which it had original jurisdiction -Any other exceptional circumstance |
|
|
|
Removal: what is it?
|
D can remove state case to federal court
|
Limitations:
-If the case could have originally have been filed in federal court (SMJ) -Can only be removed to 1 federal district court that covers the state court in the place where the action is pending -Only D's can remove and all D's must agree to removal -If federal SMJ would be based on diversity, case can't be removed if any D is a citizen of the forum state. |
|
|
How do you remove a case to federal court?
|
-Notice of removal is filed in federal court
-Notice must be filed w/I 30 days after D's receipt of service of the complaint if the case is then removable. -If case later becomes removable, the 30 days runs from D's receipt through service or otherwise of amended pleading, motion, order, or other paper indicating case is removable. |
NOTE: If SMJ would be based on diversity, case can NEVER be removed more than 1 year after the filing
|
|
|
What is personal jurisdiction?
|
The court's power to adjudicates the rights of the defendant.
Waivable so must be raised at the first opportunity (pre-answer motion or answer) |
Typically only an issue with out-of-state D's
|
|
|
What is remand?
|
Once D requests removal of a case from state court to federal court, P can then move to have the case remanded to state court. It will be remanded ONLY if removal is defective.
|
Timing
-For lack of SMJ: any time before final judgment -Any other basis: 30 days |
|
|
Two questions typically arise with PJs questions:
|
-Does state's long-arm statute authorize jurisdiction over D?
-If so does the state's exercise of PJ over D comply with constitutional due process? |
|
