Subject Matter Jurisdiction Flashcards
What is subject matter jurisdiction?
Subject matter jurisdiction authorizes the court to exercise authority based upon the nature of the dispute
What is the difference between federal and state courts?
The difference is the types of jurisdiction; limited and general
What type of jurisdiction do state courts have?
State courts are courts of general jurisdiction meaning that they can hear cases and controversies of any subject unless it is of limited jurisdiction (such as probate, family, and traffic)
What type of jurisdiction do federal courts have?
Federal courts are limited jurisdiction, meaning that they can only hear cases and controversies arising under federal questions, diversity jurisdiction, supplemental jurisdiction, and removal
What does the Full Faith and Credit Clause entail?
Under the “Full Faith and Credit Clause,” a state court of general jurisdiction can hear disputes arising out of the laws of another state. In this case, state courts can apply their own procedural law even though the cause of action arose under the laws of a different state
What are the two ways to get into Federal court?
The two ways are under:
1. Federal question; and
2. Diversity jurisdiction
What is federal question?
Federal question applies when the plaintiff alleges in their cause of action a substantial right founded by federal common law, federal constitutional law, federal statutes, federal administrative laws, or treaties
What is diversity jurisdiction?
Federal courts have subject matter jurisdiction over controversies of different states, even if no federal question is involved when the amount of controversy exceeds $75,000.00 and complete diversity exists.
What is amount in controversy for diversity jurisdiction?
Under diversity jurisdiction, the amount in controversy must be met, which is in excess of $75,000.00. A claim in good faith that the damages exceed the required amount must be made
What is complete diversity in diversity jurisdiction?
Exists when no plaintiff shares the state citizenship of any defendant. Diversity is based on the citizenship of litigants and not merely their residency or where they are from.
For diversity jurisdiction purposes, where is a corporation a citizen?
A corporation is a citizen in every state it has been incorporated and its principal place of business.
For diversity jurisdiction purposes, where is a natural person a citizen?
A natural person is domiciled where they intend to remain
What is supplemental jurisdiction?
Supplemental jurisdiction is an extension of diversity jurisdiction and federal question that permits a plaintiff who does not meet the required amount of $75,000.00 to be heard in federal court, at the court’s discretion, if they share a common nucleus of operative facts with a plaintiff who does meet the diversity jurisdiction or federal question requirements
What is aggregation?
A party may aggregate the value of their damages to meet the amount in controversy
What is removal?
Removal is the procedure that allows a suit filed in a state court to be removed to federal court.
