Sc Bar Exam - Subject Matter Jurisdiction

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For jurisdiction...

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a court must have BOTH subject matter and personal jurisdiction (general/specific)

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For South Carolina

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Sub. matter jdx for SC courts is given statutorily within the court's jurisdiction

Circuit courts have original jurisdiction

Courts of general jurisdiction have original jurisdiction over all civil cases except those that are in exclusive jurisdiction of another court

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Subject Matter Jurisdiction of Federal District Courts

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These are courts of limited jurisdiction, so their subject matter jurisdiction is specific

Two types - Primary, Secondary

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Primary smj

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Three primary grants of subject matter jurisdiction in federal court

- Diversity of citizenship
- Federal question
- US agency/government is a party

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Diversity of citizenship ground and Amount in controversy

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No plaintiff is a citizen of the same state as ANY defendant + the amount in controversy exceeds $75,000.

Amount in controversy - good faith allegation will satisfy
- all plaintiff claims against 1 defendant may be aggregated
- cannot aggregate 2 plaintiffs against 1 defendant

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Citizenship

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For diversity in federal court (must still have $75k controversy)

Individuals = domiciled = permanent, fixed home
- changes > physical presence _ intent to make new place your home
- Determined at the time of filing

Corporations (citizens of both for SMJ purposes)
- state of incorporation + principle place of business
- nerve center test - officers direct, control, coordinate

Partnerships - citizen of each state where there is a member/partner

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Federal Question Jurisdiction

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2nd primary grant of jurisdiction

Action "arises under" constitution, laws, or treaties of US

"Well-pleaded complaint rule" (Fed is NOTICE pleading) - is plaintiff enforcing a federal right - plaintiffs claim, properly pleaded, must be based on federal law.

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Supplemental JDX

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Secondary grant of subject matter jurisdiction for federal courts

Allows a court to hear claim over which it has no independent (primary) basis of SMJ because claim is joined with a related claim over which the court DOES have SMJ

Same case or controversy - do the claims arise from a common nucleus of operative fact?

NO supplemental jurisdiction if first claim is solely diversity jdx based and
- second claim is same plaintiff, against parties other than diverse party AND
- assertion of claim 2 would be inconsistent with complete diversity and amount in controversy requirements

If claim is asserted by Plaintiff against Joined parties - supplemental jdx requires: relatedness and other claim must be a federal question claim

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Discretion for Supplemental Jdx

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court has discretion not to hear claims within supplemental jdx if -

- federal question dismissed early in proceedings
- state law claim is complex
- state law issues would substantially predominate the case

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Removal Jurisdiction

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2nd Secondary grant of federal subject matter jdx

Allows defendants (only) to have case filed in state court "removed" (transferred) to federal court encompassing the state court in which originally filed

Test - case is removable if it could have been maintained in federal court (diversity, fed question, US party, supplemental jdx)

In diversity cases - NO removal if any defendant is citizen of forum state

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Erie Doctrine

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In Diversity or Supplemental cases - federal court applies state substantive law of the state in which they sit (including common law). BUT may apply federal procedural law.

Analysis - what issues are substantive (state law) and what are procedural (federal law)?

Federal statute conflicting with state law - preemption - federal statute prevails

Federal Civ Pro rule conflicts w state law - fed prevails

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Erie test

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SUBSTANTIVE LAW conflicts - When a federal Judge-made law conflicts with state law, which law prevails (this is the heart of the Erie doctrine)

IF:
- applying federal law affects the outcome (outcome determinative) > apply STATE substantive law

- applying federal law encourages forum shopping > apply STATE substantive law

- Balance of interests - does either federal or state system have a strong interest in applying the rule