Final Flashcards
1
Q
Subject Matter Jurisdiction
A
- competency of court to entertain matter
- if lac jurisdiction, court may not render binding adjudication
- subject matter jurisdiction is the court’s power over the types of claims asserted
- non-waivable
- either party may challenge at any time,
- Can sue in federal district court or state trial court
- can be limited by the constitution, statute or court rulings.
2
Q
Feredal Question
A
A federal court has jurisdiction over a civil action if the allegation of the plaintiff’s well-pleaded complaint raise a claim under the constitution, laws, or treaties of the US.
- Three filters
- substainital question
- well-pleaded complaint
- significance
3
Q
Diversity
A
Federal courts have diversity jurisdiction over civil actions if there is complete diveristy of citizenship and the amount in controversy exceeds $75,000
- determined at time case is filed
- domicile = natural person resident
- corporations = state where there is principle place of business
- unincorporated = diversity of ALL members
- Can the plaintiff aggregate claims to meet the amount?
- 1 P can aggregate against 1 D
- 1 P cannot aggregate against mulitple Ds
- exceptions for mulitple Ps
* they have a joint and common interest in the relief
* they are plaintiffs in certain class actions
4
Q
Removal
A
- gives D a voice in determining where the case will be heard
- one way street, can remove from state court to federal if the federal court has subject matter jurisdiction (still needs to meet diversity or FQJ)
- if multiple Ds all must agree to remove
- D can not be a resident of the forum state
- action is not removable after 1 year of filing