Subject Matter Jurisdiction Flashcards

1
Q

What are the types of subject matter jurisdiction?

A
  1. Federal Question
  2. Diversity
  3. Supplemental
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2
Q

What is federal question jurisdiction?

A

A question of federal law that arises in P’s affirmative claim that is on the fact of a well-pleaded complaint.

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3
Q

When can a court assert jurisdiction over a state law claim that raises a federal issue?

A

A federal court can properly assert jurisdiction over a state law claim that raises a federal issue if the federal question raised is:
1. necessarily raised
2. actually disputed
3. substantial
4. capable of resolution in federal court without disrupting the federal state balance approved by Congress

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4
Q

What is diversity jurisdiction?

A

An action between citizens of different states where hte amount in controversy is greater than $75K

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5
Q

What is required for there to be “complete” diversity?

A

Each P is from a different state than each D

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6
Q

When is diversity assessed?

A

Diversity is measured at the time a suit is filed, but can be affected by amended complaints that add or dismiss claims or parties

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7
Q

What is diversity requirement for class action suits?

A

For class action suits with over 100 persons and $5M in question, diversity will be satisfied so long as a single P is diverse from a single D

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8
Q

How is citizenship determined for purposes of diversity jurisdiction?

A

Humans: humans are only a citizen of one place at a time, which is the place where the person resides and intends to remain indefinitely

Corporations: may citizen of up to two states, both where the corporation is incorporated and the stater in which it maintains its principal place of business or “nerve center” where high level operations are carried out

Unincorporated associations: citizenship is the citizenship of very member, and could be unlimited number of states

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9
Q

May claims be aggregated to reach the minimum amount required for diversity?

A

Yes, in cases where a P brings multiple claims against a single D, those claims will be added together to see if the amount in controversy can be reached

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10
Q

Do the claims by a single P against a single D need to arise from the same transaction or occurrence in order to be aggregated to reach the diversity minimum?

A

No, the claims can be totally unrelated and do not need to come from the same transaction or occurance

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11
Q

What is supplemental jurisdiction?

A

SJ allows a claim fallling outside federal question or diversity jurisdiction to “piggyback” onto a claim taht does fall within federal question or diversity so that a federal court retains SM

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12
Q

When are claims related for the purpose of qualifying for supplemental jurisdiction?

A

A claim is sufficiently related for supplemental jurisdiction if it arises from the same transaction or occurrence as the one with federal question or diversity jurisdiction

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13
Q

When is supplemental jurisdiction not available for diversity anchor claims?

A

If a non-diverse third party is brought in by P through Rule 14, 19, 20 or 24 then supplemental jurisdiction is not available

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14
Q

When is supplemental jurisdiction available for a diversity anchor claim where a party to be joined is not diverse?

A

If D is seeking to enter the party that would ruin diversity, supplemental jurisdiction may still be available

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15
Q

May court decline supplemental jurisdiction even where it might otherwise be proper?

A

Yes, if there is good reason for the court to decline supplemental jurisdiction, it may, including in cases involving:
1. novel or complex issues of state law
2. state law claims that substantially dominate over federal question or diversity
3. where the anchor claim was dismissed
4. other compelling reasons

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16
Q

What is removal?

A

When a case is transferred from state to federal court

17
Q

How does a case get removed?

A

D may remove a case from state to federal court if a case could have originally been filed in federal court

18
Q

What are limitations regarding D’s power to remove a case?

A

D can’t remove a case to federal court if:
1. federal jurisdiction would only be grounded in diversity jurisdiction and
2. D is a citizen of the state where P filed the suit

19
Q

What is removal requirement if there are multiple D’s?

A

All D’s must consent to a removal to have case removed

20
Q

When must D file to remove a case?

A

D must remove within 30 days of when grounds for removal became apparent
–when D was initially served with complaint
-if P amends complaint, 30 days after amendment
-if multiple D’s, later service on other Ds gives only those D’s extended period of time to file

21
Q

What is time limit for removal for cases based in diversity?

A

D must remove within one year of filing for removal based on diversity, unless P attempted to thwart removal