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41 Cards in this Set

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