Subject Matter Jurisdiction Flashcards
Can SMJx be waived?
Subject matter jurisdiction cannot be waived or agreed to by the parties, unlike personal jurisdiction
Who can object to SMJx? When must they do so? What about on appeal?
An objection to subject matter jurisdiction can be presented by any party at any stage of a proceeding, including on appeal, or may be raised by the court.
If the issue of subject matter jurisdiction was not contested, may a judgment be challenged collaterally on that basis?
Ordinarily no.
When may a federal court intercede if the circumstances otherwise indicate abstention would be appropriate?
If a plaintiff can demonstrate:
• unusual circumstances calling for federal equitable relief,
• significant and dire irreparable injury, or
• prosecutorial bad faith.
When federal court without jx transfers the action to another federal court in which the action could have been brought at the time it was filed, the action is treated as if it was filed in the transferee court on which date?
The date upon which it was actually filed in the transferor court.
Which courts—state or federal—generally have jurisdiction of federal question claims? What is the exception?
State and federal courts have concurrent jurisdiction of federal question claims, except when Congress expressly provides that the jurisdiction of the federal courts is exclusive, as it has with cases under the Securities and Exchange Act of 1934, patent and copyright cases, and bankruptcy proceedings.
There is no uniform, bright-line standard for determining whether an action arises under the Constitution, laws, or treaties of the United States. In general, will federal question jurisdiction exist in the following scenarios?
- If the cause of action in question is expressly created by federal law, and federal law provides the underlying right
- If a right is created by federal law, and a cause of action may fairly be implied and was intended by Congress
- If the cause of action is neither expressly nor implicitly created by federal law
- federal question jurisdiction will exist.
- federal jurisdiction is likely to be found
- federal jurisdiction over a state law claim will lie if a federal issue is:
- -(1) necessarily raised,
- -(2) actually disputed,
- -(3) substantial, and
- -(4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.
For § 1331 purposes (FQJx), federal law includes which of the following?
- the U.S. Constitution
- federal statutes
- state laws incorporating standards of federal law
- federal administrative regulations
- U.S. treaties
- yes
- yes
- no. Merrell Dow held that when a substantive federal statute (e.g., the Federal Food, Drug, and Cosmetic Act) does not provide a federal remedy, then an alleged violation of that statute as an element of a state law complaint does not automatically establish § 1331 jurisdiction. Rather, federal courts have discretion to determine whether a federal issue or interest is important enough in a specific case to justify the exercise of jurisdiction.
- yes
- yes
What is the well-pleaded complaint rule?
FQ exists only when federal issue is presented on the face of the complaint (P’s c/a—not defenses, answers or counterclaims)
What are the requirements for diversity jx?
Federal courts have JX when parties are citizens of different states or citizens of a state and citizens of a foreign state, and amount in controversy exceeds $75,000
What is “complete diversity”?
No diversity if any P is a citizen of the same state or citizen of the same foreign country as any D in the case
How is the citizenship of an individual determined?
domicile is state in which an individual is present and intends to reside for an indefinite period; an individual can only have one domicile at a time; and domicile determined when action is commenced
How is the citizenship of a corporation determined?
citizenship is state of incorporation and state where it has its principal place of business (“nerve center” from which the high-level officers direct, control, and coordinate the activities of the corporation)
For diversity jx, what is the standard of proof for the AIC?
P’s good-faith assertion in complaint is sufficient unless there is legal certainty that P cannot recover alleged amount
In a diversity case, can plaintiff(s) aggregate claims to satisfy the AIC requirement? What about in class actions?
(a) Aggregation by one P: One plaintiff can aggregate all of her claims against one defendant to meet the AIC requirement. One plaintiff can also aggregate all of her claims against multiple defendants if the defendants are jointly liable.
(b) Aggregation by multiple Ps: Generally, each plaintiff’s claim must meet the AIC requirement separately, unless they are enforcing a single title or right in which they have a common or undivided interest (unless supplemental jurisdiction applies).
(c) Class actions: In general, if any member of the putative class does not have a claim that meets the statutory jurisdictional amount, then the AIC requirement will not be met. Note, though, that the Class Action Fairness Act of 2005 amended § 1332(d) to permit aggregation of claims in certain class actions. Additionally, when at least one representative plaintiff in a putative class action has a claim that meets the AIC, other persons with claims that do not meet it can be made part of the class under the doctrine of supplemental jurisdiction.
