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41 Cards in this Set
- Front
- Back
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List the 4 types of Subject Matter Jurisdiction
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1. Diversity
2. Federal Question 3. Removal 4. Supplemental |
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Diversity Jurisdiction is:
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When each P is from a diverse citizenship from each defendant, and the amount in controversy is more than 75k.
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What is the the reason for diversity jurisdiction?
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To avoid given a P or D the "home feild advantage"
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Federal Question Jurisdiction is:
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The question arises under federal law.
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What is the test for domicile?
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The state where the party (1) resides with (2) the intent to stay
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When determining domicile, whats the difference between intent and evidence?
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Evidence can help prove intent, but the intent to the party is the true question, subjective test.
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Explain the Strawbrige rule
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no plaintiff and defendant can be from the same state.
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Corperations reside where?
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1. in the state of incorperation
(and) 2. principle place of business |
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Explain the daily activites test
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attempts to locate the corperations "principle place of business" is the place where the productive activities of the corp. are predominantly located.
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Explain the "never center" test
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If a corps. operations are broadly spread over many states, the court looks to where the "never center" of the corperation is.
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Explain diveristy in cases involving foreign citizens
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federal courts may hear claims between citizens of a state and forign citizens and subjects.
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Can a case be heard in federal court that is between two people domiciled in the same state, but one is an alien?
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Federal court has jurisdiction b/c although a party is living in the state, one can't be a citizen of a state if he isn't a citizen of the US.
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Does diversity jurisdiction apply when a person is a US citizen but domiciled in another state?
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No, they aren't a alien, and are not domiciled in a forign state, and thus can not be held to answer under diveristy jurisdiction.
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Explain the "St. Paul Mercury" test.
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If the damages are in the debatable range, where a reasonable jury might award more or less, the amount requirement is met.
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When is the 75k factor not met in diveristy jurisdiction cases?
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When it is clear the jury will not award more than 75k
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What is aggregation of damages in diversity cases?
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Allows plaintiff to add up the amount of all claims against defendant, whether they are related or not.
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Does the aggregation of damages rule allow the plaintiff to add the sum of damages of multiple defendants to meet the more than 75k requirement?
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No, except in the unusual situation where they are sued on a "common, undivided interest".
i.e. 2 doctors injure patient during the same surgery. |
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What kind of jurisdiction is the federal courts?
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Limited subject matter jurisdiction
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Explain the "Mottley rule", also known as "the well pleaded complaint rule".
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The mottley rule states that a federal question must be the source of plaintiffs right or relief, and not a anticipated defense.
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Explain the difference of the "rising under" requirement of federal diveristy suits between federal statute (28 USC 1331) and the constitution.
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Federal statute follows the mottley rule:federal question must exist in complaint. Constitution requires a "federal ingredient" only.
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When must a federal question suit be filed in federal court?
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When the federal statute states the claims under the statute must be heard in federal court.
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Define Res Judicata
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Once you have sued a defendant for claims arising out of a set of events, you can't do it again.
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Explain Supplemental Jurisdiction
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If P asserts claim properly supported by federal juris., its premissible for the fed. ct. to hear the entire dispute. (including state actions)
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Supplemental jurisdictions allows what?
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If a federal court has juris. over one claim, it can hear other claims that are apart of the same case or controversy. (including state action)
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What question do you ask yourself in order to determine whether or not an issue is related to another for the purposes of supplemental juris.
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The crucial question is whether the claim arises from the same "nulcleus of operative facts".
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What will happen if neither parties to a matter object to the courts power to hear a case, when an issue exist?
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The court will dismiss the case in it's own motion that it lacks jurisdiction.
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When will a court entertain an motion for dismissal based on lack of subject matter jurisdiction?
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Whenever it appears by suggestion of the parties or otherwise that the court lacks juris. of the subject matter, by either party.
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Does the mottley rule address the appellant jurisdiction?
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No, only orginal jurisdiction.
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Basic rule for removal jurisdiction
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a defendant sued in state court may remove a case to federal court if it could have been originally filed in federal court.
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What is the limit on removal of diveristy jurisdiction cases.
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In a diversity juris. case, if the case is filed in the state court of the D, D can't claim a prejudice, and thus can't be removed.
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What is the time limit to file removal to a federal court?
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notice of removal must be filed within thiruty days "after receipt by the defendant, though service or otherwise..."
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If a suit is not removable when filed, and is later amended and becomes removable, can it be removed?
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if action wasn't removable when filed, it can be removed w/i 30 days of the D recieving notice of the amended pleading making action removable
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List the two types of injunctions?
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Mandatory and Prohibitory
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Define Attachment
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seizure of property or person by legal authority, esp. seizure of a D's property to prevent its dissipation before trial.
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When does the statute of limitations begin?
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Tort claims accures @ time of P's injury, in medical malpratice cases the period begins when the P has discovered both the injury & its cause.
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When a case is removable to a federal court, what court may it be removed to?
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The district court of the US for the district and divison embracing the place where such action is pending.
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In a case of multiple defendants, what is the effect of 1 defendant not agreeing to the federal removable.
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The defendant may file a motion to remand back to state court, which will be granted. All defendants must consent to the removal to federal court.
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If any party objects to removal, what is time peroid to raise that objection?
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30 days.
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Special Appearence
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An appearence made for the sole purpose of contesting jurisdiction, the only appearence def. can make without waiving consent to jurisdiction.
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General Consent
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Consent given by appearing (other than special appearence) and contesting the litigation.
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Express Consent
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Consent given to a jurisdiction by the terms of an agreement.
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