Subject Matter Jurisdiction Flashcards
Types of federal subject matter jurisdiction
There are two main types of federal subject matter jurisdiction: federal question jurisdiction and diversity of citizenship jurisdiction
Requirements for diversity of citizenship jurisdiction
Diversity of citizenship jurisdiction requires an amount in controversy of more than $75,000 and complete diversity of citizenship
What determines the amount in controversy for diversity of citizenship jurisdiction?
The plaintiff’s good faith allegation in the complain determines the amount in controversy.
Complete diversity requirement for diversity of citizenship
Complete diversity means that no plaintiff may share state citizenship with any defendant
Where are corporations citizens for purposes of diversity of citizenship?
For diversity purposes, a corporation is a citizen of every state in which it is incorporated and the one state in which it has its principal place of business
Corporation’s principal place of business
The corporation’s principal place of business is the place form which the corporation’s high-level officers direct and control the corporation’s activities
Where are individuals incorporated for diversity purposes?
For diversity purposes, an individual is a citizen of the state in which she is domiciled.
How may a person’s domicile be changed?
A party’s domicile may be changed by being physically present in the state coupled with the intent to remain there permanently or for an indefinite period
Requirements for federal question jurisdiction
Federal question jurisdiction is available when the plaintiff’s well-pleaded complaint sets forth a claim that arises under federal law.
Subject matter jurisdiction general rule
To determine whether the federal court has jurisdiction over the case, it must be determined whether a basis for the original subject matter jurisdiction is present, or whether supplemental jurisdiction is available.
Supplemental jurisdiction
Supplemental jurisdiction requires that the supplemental claim arise from the common nucleus of operative fact as the claim that invoked original federal subject matter jurisdiction. There are some restrictions on the use of supplemental jurisdiction when the claim with original jurisdiction is based on diversity of citizenship jurisdiction. 28 USC section 1367(b) possibly prohibits the use of supplemental jurisdiction in diversity cases for claims by plaintiffs against impleaded parties, against compulsorily joined parties, against permissively joined parties, and against intervening parties. Claims by compulsorily joined plaintiffs or by plaintiffs seeking to intervene may not be heard under the court’s supplemental jurisdiction.
