Subject Matter Jurisdiction

Question 1

What is SMJ?

Answer 1

The power of the court over a particular case

Question 2

What are the four ways to establish SMJ?

Answer 2

1) Federal Question
2) Diversity Jurisdiction
3) Supplemental Jurisdiction
4) Removal

Question 3

Federal Question

Answer 3

A question of federal law must arise in P’s affirmative claim (well pleaded complaint rule)

Question 4

Federal Question: Can have state law in addition to federal if FQ is:

Answer 4

!) actually in dispute

2) demands federals judges expertise and ought to be resolved uniformly
3) not so commonly present in state law action to trample their jurisdiction

Question 5

Diversity Jurisdiction:

Answer 5

Action between citizens of different states + amount in controversy is greater than 75K

Question 6

At what time is diversity jurisdiction measured?

Answer 6

At the time the suit is filed but amended complaints that add or dismiss can affect diversity

Question 7

What is the exception to the complete diversity requirement for Diversity Jurisdiction?

Answer 7

Class actions where more 100 persons and 5 million (Diversity need only be minimal)

Question 8

How do you determine citizenship of human being?

Answer 8

Only a citizen of 1 place at time, state where resides and intends to remain indefinetly

Question 9

How do you determine citizenship of a corporation?

Answer 9

Corporations can be citizens of two places.

1) the citizen of state incorporated; and
2) state in which it maintains its principal place of business (nerve center)

Question 10

How do you determine the citizenship of an unincorporated union?

Answer 10

Citizenship is the citizenship of every member, could be all 50 states

Question 11

Aggregation of Claims

Answer 11

P brings multiple claims against a single D will be added together to see if amount in controversy is reached. (no same T/O requirement)

Question 12

Supplemental Jurisdiction

Answer 12

Multiple Defendants, allows claim falling outside FQ or DJ to piggy back onto a claim that does not fall within FQ or DJ.

Question 13

Steps of supplemental jurisdiction

Answer 13

1) determine relatedness
2) sneaky plaintiffs
3) Court may still decline

Question 14

Removal

Answer 14

Defendant can remove from state to federal court if case could have originally been filed in federal court

Question 15

Removal exception: Home state D rule

Answer 15

D can’t remove if:

1) Federal jurisdiction would be grounded only in DJ +
2) D is a citizen of state where P filed suit

Question 16

If multiple Defendants, removal is only allowed if:

Answer 16

all D’s agree to move

Question 17

Timing for removal

Answer 17

D must remove within 30 days of when grounds became apparent

1) normally when D served
2) If P amends 30 days from that point
3) if removal based on diversity, D must remove within 1 year of filing unless P attempted to thwart removal