Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
25 Cards in this Set
- Front
- Back
|
Subject Matter Jurisdiction (SMJ) (Definition)
|
Federal jurisdiction is the power of the federal court over the (1) subject matter or (2) nature or (3) kind of action at issue.
|
|
|
What are the two types of SMJ? |
1) Diversity 2) Federal Question (Arising under Federal Law) |
|
|
When can Subject Matter Jurisdiction be waived?
|
- SMJ CANNOT be waived - Court can dismiss sua sponte |
|
|
When is there Federal Question Jurisdiction? (2) |
Type of SMJ 1) Created by Federal law 2) Created by state law but depends on a substantial (constitutional) federal question. |
|
|
Where must the Federal Issue Arise for Fed Q Jurisdiction?
|
The Federal Issue must appear on the face of the plaintiff's well-plead complaint as part of the plaintiff's OWN claim and not merely by way of some defense.
|
|
|
What are the two elements of Diversity Jurisdiction? (2)
|
1. Complete Diversity 2. Amount in controversy EXCEEDS $75k. |
|
|
What is required for Complete Diversity?
|
No single plaintiff may be a citizen of the same state as any single defendant.
|
|
|
What is the citizenship of an individual for diversity?
|
Their Domicile - their true home, where they intend to remain or return. |
|
|
When is citizenship fixed for diversity? |
When the suit is filed. Does not matter if it changes later.
|
|
|
What are the two places where a corporation has citizenship?
|
1) State of incorporation 2) State of principal place of business (headquarters) |
|
|
Where do unincorporated entities have citizenship?
|
- Where partners are domiciled
- Every single owner counts as a separate domiciled person (party) for diversity. |
|
|
What are the three types of Aliens for Diversity?
|
1) Pure Alien - not permanent resident 2) Permanent Resident 3) American citizens domiciled outside of US |
|
|
Where can Pure Aliens sue or be sued?
|
- Pure alien may sue or be sued by a non-alien and there will be diversity.
- BUT a pure alien may not sue another pure alien in federal court based upon diversity. |
|
|
Where is a Resident Alien a Citizen?
|
Domiciles of the state of their permanent residency. |
|
|
Can US citizens domiciled be sued on diversity?
|
No, may NEVER sue or be sued based on diversity.
|
|
|
How is the value for the amount in controversy determined?
|
The VALUE (doesn't have to be monetary damages) of the relief sought by ONE plaintiff must FULLY exceed $75,000.
|
|
|
When may a single plaintiff aggregate claims for amount in controversy?
|
Any claims, even if unrelated. |
|
|
When may multiple plaintiffs aggregate claims for amount in controversy?
|
Two or more plaintiffs may not aggregate claims.
|
|
|
When will the amount alleged not govern for amount in controversy?
|
There is a legal certainty that the Plaintiff cannot recover an amount in excess of $75k.
|
|
|
What are the two Diversity Exclusions?
|
Even if the requirements for diversity are met, federal courts will decline to hear: (1) Core domestic relations matters - divorce, alimony, or child custody. |
|
|
What is the general rule for Supplemental Jurisdiction?
|
If there are two claims, and there is a primary jurisdictional basis for one claim, but not for the other claim, the federal court nonetheless has discretion to assert supplemental jurisdiction over both claims if they derive from a "common nucleus of operative fact" |
|
|
When will Supplemental Jurisdiction be granted? (3)
|
1. First claim has a valid jurisdictional basis 2. Both claims derive from a common nucleus of operative fact 3. There is not an exception based on Diversity (Plaintiffs only) |
|
|
When will Supplemental Jurisdiction not apply? (3) |
1. Plaintiff - Does not apply to Defendants 2. Primary jurisdiction is based SOLELY on diversity 3. Additional claim would destroy Complete Diversity (no issue with amount in controversy) |
|
|
When can a Defendant Remove? (5) |
(1) ALL D's consent and (4) No Defendant is a citizen of the state where the action was filed; and (5) Removal was filed within 1 year of when the original state action was filed. Automatic - No discretion |
|
|
When can a plaintiff Remand? |
1. File motion within 30 days of removal 2. there is no Federal jurisdiction |
