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4 Cards in this Set

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  • Back
Issue: How does a plaintiff establish Subject Matter Jurisdiction (SMJ)?
Rule: One of two ways - (1) when a federal question is raised or (2) when the requirement of diversity jurisdiction are met.
Issue: How does a plaintiff establish Diversity Jurisdiction?
Rule: Two requirements -(1) amount in controversy must exceed $75k and (2) complete diversity of citizenship must exist.
Issue: When is venue proper?
Rule: Venue is proper where (1) the defendant resides or (2) a substantial part of the injury took place. If (1) or (2) is not meet, then where (3) a substantial part of the property that is the subject of the lawsuit is situated or (4) any defendant is subject to personal jurisdiction, provided that the action is not based solely on diversity.
Issue: If SMJ is established through diversity jurisdiction, must there be an independent basis for SMJ for an additional claim brought by the plaintiff?
If the only primary jurisdictional basis is diversity, there can never be supplemental jurisdiction over additional claims brought by plaintiff.