Civ Pro: Smj

Front 1

What is SMJ?

Back 1

The power of the court to hear a claim

Front 2

When can SMJ be raised?

Back 2

At any time.

Front 3

Federal courts are courts of ______ jurisdiction.

Back 3

limited

Front 4

Federal courts have exclusive jurisdiction over what matters?

Back 4

i. federal anti-trust
ii. bankruptcy
iii. patent/copyright
iv. postal matters
v. foreign diplomats
vi. cases where the U.S. is a party
vii. admiralty cases

Front 5

NC courts are courts of _______ jurisdiction.

Back 5

general

Front 6

NC courts can hear any cases except:

Back 6

i. cases where federal courts have exclusive jurisdiction
ii. workers compensations claims and all related matters (heard by the Industrial Commission)
iii. areas of law that have been preempted by federal action.

Front 7

True or false: If no one objects, a federal or workers compensation case may be allowed to persist in NC state court.

Back 7

True

Front 8

What cases are appealed to the NC Supreme Court as of right?

Back 8

1. dissent in the NC Court of Appeals
2. Substantial state or federal constitutional question
3. Rate making proceedings in utility matters
4. Death penalty cases

Front 9

NC Court of Appeals hears cases relating to:

Back 9

1. Superior and District Courts
2. Insurance rate cases
3. Administrative Agencies
4. Workers Compensation
5. NC State Bar

Front 10

NC Superior Court has Exclusive Jurisdiction over what?

Back 10

Probate matters

Front 11

NC Superior Court has Proper Jurisdiction over what?

Back 11

1. Civil actions in excess of $10,000
2. Injunctive relief & DJAs

Front 12

NC District Court has Exclusive Jurisdiction over what?

Back 12

Juvenile matters

Front 13

NC District Court has Proper Jurisdiction over what?

Back 13

1. Civil actions up to $10,000
2. Family law matters
3. Traffic matters

Front 14

How are criminal cases handled in District Court?

Back 14

No jury trial & appealable to the Superior Court de novo

Front 15

What is Magistrate Court?

Back 15

A subdivision of District Court that handles civil actions up to $5,000

Front 16

When is a case dismissed for failure to meet amount in controversy?

Back 16

When it appears to a legal certainty that the amount will not be met

Front 17

How are Magistrate matters appealed?

Back 17

To the Superior Court de novo

Front 18

What does federal SMJ require?

Back 18

Diversity of citizenship ($75k+ and complete diversity across the v.) or federal question (arises from federal law, constitution, or treaties).

Front 19

For amount in controversy purposes, a single plaintiff can:

Back 19

aggregate all claims it has against the same defendant

Front 20

For amount in controversy purposes, multiple plaintiffs cannot aggregate claims, unless:

Back 20

they have an undivided or common interest (co-owners of real property, joint tortfeasors)

Front 21

What are the three ways to measure injunctive relief?

Back 21

1. Value based on the object of the litigation
2. The amount it would cost to comply with the injunction
3. How much it would cost if the injunction is not granted

Front 22

How do class actions meet amount in controversy?

Back 22

The class representative must have damages in excess of $75K

Front 23

How is the citizenship of an individual determined?

Back 23

Individuals are citizens of states where they are residents and intend to remain indefinitely.

(Subjective intent or objective criteria: voter's registration, driver's license, insurance, taxes)

Front 24

How is the citizenship of a corporation determined?

Back 24

Corporations are citizens of: their state(s) of incorporation, AND

Nerve Center Test: the state where their headquarters is located.

Front 25

How is the citizenship of estates, infants, and incompetents determined?

Back 25

Estates, infants and incompetents are citizens of the same state as the decedent, infant, or incompetent, not the state of the executor, administrator, or guardian.

Front 26

How is the citizenship of unincorporated associations or partnerships determined?

Back 26

Unincorporated associations and partnerships are citizens of every state where the members are citizens.

Front 27

What is Supplemental Jurisdiction?

Back 27

Discretionary jurisdiction. Where there is an original claim in federal court from which a pendent or ancillary state claim can hang because it arises out of the same case or controversy.

Front 28

When is the court likely to decline supplemental jurisdiction?

Back 28

i. the state claim involves a novel or complex issue of state law
ii. the state claim substantially predominates over the claim over which the court has original jurisdiction
iii. the district court has dismissed all claims over which it had original jurisdiction, and
iv. any other exceptional circumstance

Front 29

What is Pendent Jurisdiction?

Back 29

claims made by plaintiffs that don't other wise satisfy SMJ because:
i. P's original claim was based on federal question
ii. third party defendants were added to a diversity case
iii. a necessary party was added
iv. parties other than the original plaintiff or defendant were added, or
v. intervention occurred

Front 30

What is Ancillary Jurisdiction?

Back 30

Claims made by defendants that don't otherwise meet SMJ, usually in diversity cases. Applies to counterclaims, cross claims, and claims by defendants against third party defendants.

Front 31

What is Pendent Party Jurisdiction?

Back 31

Where the plaintiff adds a claim in a federal question case over an additional defendant for whom there is no federal question or diversity jurisdiction, but the claim arises out of the same transaction or occurrence ast he original claim

Front 32

Which party has a right to removal?

Back 32

The defendant

Front 33

What is the test for removal?

Back 33

Whether the case could have originally been brought in federal court (SMJ)

Front 34

How long does the defendant have to remove the case?

Back 34

30 days from the date of service

Front 35

What happens if the plaintiff doesn't object to removal?

Back 35

The objection is waived (except SMJ)

Front 36

How many defendants can block removal?

Back 36

One. If a blocking defendant is dismissed from the case, removal can occur (1 yr time limit)

Front 37

Diversity cases cannot be removed to federal court if:

Back 37

any defendant is a citizen of the state in which the case was filed.

Front 38

What does the Erie Doctrine do?

Back 38

Determines whether the federal district court applies state or federal law in diversity cases.

Front 39

What are the goals of the Erie Doctrine?

Back 39

1. Avoid forum shopping
2. Stop inequitable administration of law (inconsistent results)

Front 40

What is the general rule?

Back 40

The district court must apply state substantive law and may apply federal procedural rules.

Front 41

Under the Erie Doctrine, when does state law apply in federal court?

Back 41

When the state law is (1) substantive and (2) outcome determinative.
i. clearly substantive areas of law
ii. statutes of limitations
iii. burdens of proof
iv. choice of law rules
v. evidence rules (privileges, presumptions, and competency of witnesses)