Civil Procedure Subject Matter Jurisdiction

Front 1

Subject Matter Jurisdiction

Back 1

The Courts power over the subject matter of the lawsuit

Front 2

Federal Courts Subject Matter Jurisdiction

Back 2

Limited by Article III

Properly Pleaded Federal Questions

Diversity

Front 3

Federal Questions

Back 3

All civil actions arising under the Constitution, laws, or treaties of the United States

Most of the time the subject matter deals with a federal law

Front 4

Well-Pleaded Complaint

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Federal Question must be Integral to the plaintiff's cause of action

Revealed by plaintiff's properly pleaded complaint

Anticipating a defense based on a federal statute is not sufficient

Stating a federal question which is not integral to the claim will not suffice

Front 5

Diversity of Citizenship

Back 5

Plaintiff must show

Amount in Controversy

and

Complete Diversity

Front 6

Diversity

Back 6

Actions between citizens of different states

Actions between citizens of a state and citizens or subjects of a foreign state

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Complete Diversity Required

Back 7

No Plaintiff is a citizen of the same state as any defendant

Front 8

Diversity is Determined

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At the commencement of the Action

Where were parties domiciled

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Domicile

Back 9

True, fixed permanent home

Must have presence and intent to remain

Change in Residence doesn't necessarily change domicile

One Domicile per person

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Intent to remain

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Subjective intent

All relevant information will be considered bu the court

Front 11

Corporations and Domicile

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Corporation is a citizen of the state where it is incorporated and the state where it has its principal place of business

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Principal place of business

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Place of the Corporation's Nerve Center

From where its officers conduct the corporation's important business

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Unincorporated associations

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All the members must be considered for diversity

Very difficult to sue or be sued under diversity jurisdiction

Front 14

Limited Liability Company

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Citizen of all states that its members are citizens of

Front 15

Decedents, Minors & Incompetents

Back 15

Citizenship of the represented party governs jurisdiction not the domicile of the representative

Front 16

Class Actions

Back 16

Citizenship of the named members of the class

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Non-resident US Citizen

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Neither a citizen of any state nor an alien

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Permanent Resident Aliens

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Citizen of the state where they are Domiciled

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Alien Diversity

Back 19

Court has diversity jurisdiction over an action between a citizen of a state and an alien but not between two aliens

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Amount in Controversy

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Greater than $75,000

Good Faith

Proof not necessary only that there is some possibility

Eventual recovery amount is irrelevant

Court Costs and interest are not included

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Dismissal for amount less than $75,000

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Must be legal certainty

difficult standard to meet

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Aggregation

Back 22

Adding claims together to satisfy amount in controversy

Must be single defendant

Exception - Joint and Severally Liable Defendants

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Value of equitable relief

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Value of harm to the plaintiff

or

Cost of compliance for the Defendant

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Federal Courts will not hear

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Divorce

Alimony

Child Custody

Probate of Estate

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Additional claims

Back 25

Must independently satisfy federal subject matter jurisdiction

or

Be heard under Suplimental Jurisdiction

Front 26

Supplemental Jurisdiction

Back 26

Allows Federal court to hear claims (not cases) over which it does not have an independent basis for subject matter Jurisdiction

Gets Non-Federal and Non-diversity claims into federal court

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Test for Supplimental Jurisdiction

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Common Nucleus of Operative Fact with

Claim that satisfies Federal Subject Matter Jurisdiction

Is always satisfied if the additional claims arise out of the same transaction or occurrence

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Types of Subject Matter Jurisdiction

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Pendant

Ancillary

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Pendant Jurisdiction

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Jurisdictionally Proper claim and tacks on another claim that does not have an independent basis for jurisdiction

Front 30

One Limitation on the use of supplemental jurisdiction to overcome the requirements of federal court subject matter jurisdiction

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May not be used to overcome lack of diversity

In a diversity case where additional claim would destroy complete diversity

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Ancillary Jurisdiction

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Related Claims asserted by Defendants or other additional parties which do not have independent basis for jurisdiction

Has no limitations

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Court Discretion

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Federal Court may decline to exercise supplemental jurisdiction when

Complex Claim of State Law

State Law Predominates

Original Claim Dismissed

Other Compelling Reasons or Exceptional Circumstances

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Removal

Back 33

Cases that were originally filed in state court may be removed to federal court by the Defendant only if the case could have originally been filed in federal court

Allows defendant to veto plaintiff's choice of forum

Front 34

General Test for Removal

Back 34

If Case has Federal Question

or

Diversity

Front 35

Multiple Defendants and Removal

Back 35

Requires Unanimous Consent

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Waiver of Removal right

Back 36

Defendant files PERMISSIVE counterclaims in state court waives removal right

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Vertical Removal

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Case may only be removed to the federal district court that geographically embraces the state court

Front 38

Diversity Exception to Removal

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May not be removed if any Defendant is a resident of the state in which the action is brought

Front 39

Time limitation on Removal

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Notice of removal must be filed within 30 days after Defendant receives Notice

Exception - In a diversity case, One year after the claim is filed

Front 40

Dropping non-diverse defendant

Back 40

Keeps case in state court

Include a non-diverse defendant

Drop non-diverse defendant after one year

Front 41

Procedure for removals

Back 41

Defendant is required to file a notice of removal stating grounds

Signed under Rule 11

All Documents served on the defendant must be Attached

Copy all adverse parties

and

File Copy of Notice in State Court

Front 42

Remand

Back 42

Motion for Remand

Within 30 days of filing of notice of removal

For any defect other than subject matter jurisdiction

If defect is lack of subject matter jurisdiction a motion for remand has no time limitation before final judgement

Defendant may not appeal an order for remand

Front 43

Erie Doctrine

Back 43

Federal Court sitting in Diversity Jurisdiction MUST

Apply state substantive Law

Front 44

Clearly Substantive Law

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Elements of Claim or Defense

Statute os Limitations & Tolling of statute of Limitations

Conflict or Choice of Law Rules

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Federal Law On Point

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Supremacy Clause

If Federal law ON POINT

In Direct conflict with the state law

Federal Court must apply the Federal Law if valid

Front 46

Procedural Law applied in removal cases

Back 46

Federal Rules of Civil Procedure

Front 47

3 Part Balancing Test for Substantiveness

Back 47

A State Law which substantially determines the outcome of the litigation is substantive law and must be applied by the Federal Court sitting in diversity Jurisdiction

Does either the federal court or the state court system have a strong interest that its rule be applied

Likelihood of promoting forum shopping if Federal Law Applied