Essay - Federal Jurisdiction

Front 1

Q3

Federal district court:

subject matter jurisdiction

personal jurisdiction

Back 1

1.
(1) Federal district courts have original subject matter jurisdiction of all civil actions where:
(i) the matter in controversy exceedsd $75,000, exclusive of interest & cost; and
(ii) there is complete diversity among the parties.

2. The legal representative of the estate of a decedent is deemed to be a citizen only of the same state as D.

2. turns on whether D was properly served. Service is proper if made either within
(1) the state in which the district court is located; or
(2) made under long arm statute of the state in which the district court is located.

Front 2

Q12

Federal district court:

Subject matter jurisdiction
Personal matter jurisdiction

Back 2

1.
(1) has subject matter jurisdiction if the cause of action arises out of:
(i) a federal question; or
(ii) complete diversity among the parties, and the amount in controversy exceeds $75,000.

(2) lack of subject matter jurisdiction is a basis for a motion to dismiss that may be raised at any time.

2.
(1) Federal law requires plaintiffs to use state jurisdictional bases for obtaining jurisdiction over parties in federal district court.
(2) The CPLR provides ample basis for exercising jurisdiction over the defendent because the defendant engaged in tortious conduct in the state.

Front 3

Q40

Removal to federal court / D is a citizen of original state court

Back 3

1. Where complete diversity exists between parties, and the amount in question exceeds $75,000, then an action begun in state court may be removed to the appropriate United States district court, unless:

one of the defendants is a citizen of the states in the courts of which the action was originally brought.

Front 4

Q71

Removal of action to federal court

Back 4

1. D can only remove a federal action that could have originally been brought by the plaintiff in the federal courts.

2. Removal can also be accomplished when all defendants join in the petition for removal.

3. Whenver a separate and independent claim, which would be removable if sued upon alone, is joined with one or more otehrwise non-removable claims, the entire case may be removed.

Front 5

Q84

Federal court / personal jurisdiction

Service of process

Applicable law

Back 5

1.
(1) A federal court may acquire personal jurisdiction over parties served outside the state in which the court is sitting under that state's statute and rules for extraterritorial service.
(2) NY's long arm statute grants personal jurisdiction to the New York courts over a nondomiciliary as to a cause of action arising from the transaction of any business within NY or contracting anywhere to supply goods or services within NY.

2. May be served in the same manner as service is made within the state.

3. Since the action here is apparently based on diversity, the federal court must apply the law of the state in which it is sitting.