Right Court (PJ, SMJ, Venue) Flashcards
What does personal jurisdiction mean?
The power of the court** over the **parties
What does subject matter jurisdiction mean?
The power of court** over the **case
What are the bases upon which a court may assert subject matter jurisdiction?
Federal question
Diversity of Citizenship
What are the requirements for diversity of citizenship cases?
The case is either:
- between “citizens of different states”; or
- between a “citizen of a state and a citizen of a foreign country”
The amount in controversy exceeds $75,000
What does “citizens of different states” mean?
Complete diversity
- no plaintiff may be of the same citizenship as any defendant
How is citizenship determined?
Natural person
- if a U.S. citizen, citizenship is the state of her domicile
- 1) presence in state AND 2) intent to make it her permanent home
- determined at the point of filing the case
Corporation
- state where incorporated; AND/OR
- state where the corporation has its principal place of business–where the managers of the corporation direct, coordinate, and control the corporate activities (“nerve center”)
Unincorporated association (e.g., partnership, LLC)
- citizenship of all the members, including general and limited partners
Decedents, minor, or incompetents
- use the decedent’s, minor, or incompetent’s citizenship, NOT their representative
What are the requirements attendant the amount in controversy requirement?
Must exceed $75,000
- the amount claimed must be in good faith unless it is clear to a legal certainty that cannot recover more than $75,000
- if recovery is less than $75,000, plaintiff likely will have to pay the defendant’s costs
Aggregation
- a single plaintiff against a single defendant may satisfy the amount in controversy requirement by aggregating unrelated claims against the defendant
- may include multiple tortfeasors as long as they are jointly bound
- multiple plaintiffs may not aggregate claims
- with joint claims, the number of parties is irrelevant
Injunctive Relief
- plaintiff’s viewpoint–is plaintiff’s harm without the injunction in excess of $75,000; OR
- defendant’s viewpoint–does compliance with the injunction cost the defendant more than $75,000
What kinds of cases will federal courts refuse to hear?
Divorce, alimony, and/or child custody
Probating an estate
What are the requirements for a court to assert federal question jurisdiction?
The face of the complaint** must show a **right or interest founded substantially on a federal law
- “arising under jurisdiction”
- this is the statutory requirement; the constitutional requirement is that there must be merely a federal ingredient in the claim
What is the well-pleaded complaint rule?
The face of the plaintiff’s claim** itself must **arise** **under federal law
- inquire as to whether the plaintiff is enforcing a federal right
What if a plaintiff has additional claims to the original federal claim?
These additional claims must have an independent jurisdictional foundation to be heard before the the court:
- federal question jurisdiction
- diversity of citizenship jurisdiction
- supplemental jurisdiction
How may a plaintiff rely on supplemental jurisdiction to get an additional claim into federal court?
The additional claim and the federal claim must share a common nucleus of operative fact
- this requirement is always met by claims that arise from the same transaction or occurrence
NOTE: there is a_ limitation_ to this rule
- In a diversity case, the plaintiff cannot use supplemental jurisdiction to overcome a lack of diversity
- this is inapplicable to federal question cases or an insufficiency in amount in controversy
NOTE ALSO: the court has discretion to NOT hear the supplemental claim, looking for:
- the federal claim is dismissed early in the proceedings; or
- the state law claim is complex; or
- state law issues would predominate
What are the procedural requirements of removal?
Only the defendant** may remove the case **from state trial court to federal trial court
- must be within 30 days of service of the first paper that shows the case is removable
- all defendants served with process must consent to removal
- the 30 day time frame begins anew when a defendant is later served
If removal was improper**, the federal court can “**remand” to state court
Removal to the federal district embracing the state court where** the **case** was **filed
No time limit on raising a lack of federal subject matter jurisdiction for remand
What cases may be removed to federal court?
General Rule:
- any case** that meets the requirements for **diversity of citizenship** or **federal question
Limitations–applicable only if removing on the basis of diversity
- may not remove if any defendant is a citizen of the forum
- may not remove more than on year after the case was filed in state court
When a diversity case if before federal court, whose law applies?
A federal court in a diversity case** must apply **state substantive law. Ask:
A) is there a federal law** on point that **directly conflicts** with the **state law–if yes, then apply federal law
- Supremacy Clause
B) If no federal law on point, is it an easy case that has been decided as substantive state law (e.g., 1) elements of a claim or defense**; 2) **statute of limitations**; 3) **rules of tolling statutes of limitation**; 4) **conflict or choice of law rules)
C) If no to (A) and (B), then evaluate:
- outcome determinative–would applying or ignoring the state law rule affect the outcome of the case?
- relevance of the interests–does either federal or state system have a strong interest in having its rule applied?
- avoid forum shopping–if the federal court ignores state law, will it cause parties to flock to federal court
