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11 Cards in this Set
- Front
- Back
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what is subject matter jurisdiction |
the power of the court to decide this kind/type of case |
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what is rquired to establish subject matter jurisdiction |
the well-pleaded complaint
must be affirmatively pleaded |
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what is the well-pleaded complaint |
the PLAINTIFF'S claim must be based on federal law - look to the face of the complaint |
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what is personal jurisdiction |
power of the court to decide the rights and liabilities of this D |
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What is venue |
the appropriateness of deciding the case in a particular district ct which already ahs SMJ and PJ |
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can smj, pj, and venue be waived |
not smj. Lack of smj can be raised by any party at any time, even by the p on appeal |
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are federal courts court of general or limited jursidiction |
limited |
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what is smj for federal cts |
1. federal question jurisdiction 2. diversity jurisdiction |
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what is federal question jurisdiction |
A claim that arises under federal law: constitution; federal statutes; admin reg; us treaties |
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what is diversity jurisdiction |
cases between citizens of different states or citizens of a state and a foreign country if the amount in convroversy EXCEEDS 75000
exceptions: probate and domestic relations cannot be brought under diversity jurisdiction
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What is complete diversity |
every citizenship represented on the p's side is different than every citizenship on the d's side |
