Civ Pro Flashcards
What is Subject Matter Jurisdiction?
Subject Matter Jurisdiction refers to a court’s competence to hear and determine cases of the general class and subject to which the proceedings in question belong.
What are the five most common congressional grants of subject matter jurisdiction?
- Federal Question Jurisdiction
- diversity jurisdiction
- supplemental jurisdiction
- removal jurisdiction
- legislative jurisdiction
The federal court must presume an ______ of jurisdiction until it determines that the matter falls within its rightful jurisdiction. The burden is on ________.
The federal court must presume an absence of jurisdiction until it determines that the matter falls within its rightful jurisdiction. The burden is on the party seeking to invoke the court’s jurisdiction.
When and under what circumstances may the parties or court waive subject matter jurisdiction?
Subject matter jurisdiction cannot be waived nor may it be agreed to by the parties because it relates to a fundamental distribution in power.
When may parties object to a lack of subject matter jurisdiction?
- An objection to SMJ can be presented by any party at any stage during the proceeding.
- It may be raised during appeal.
- It may be raised by the court.
- If the issue of SMJ was never contested, the the judgement ordinarily may not be challenged collaterally on that basis.
What are the Abstention Doctrines?
- Pullman abstention Doctrine.
- Younger abstention doctrine.
- Buford
- Colorado River
Pullman Abstention Doctrine.
A federal court may abstain from hearing a case or stay the matter pending the outcome of a state court action when a resolution of a state law issue by the state court would eliminate the need for the federal court to decide a federal constiutional issue. R.R. Comm’n of Texas v. Pullman Co., 312 U.S. 496 (1941)
- Stated Differently, there are three elements to this claim: (1) the case presents both federal constitutional and state law claims (2) the state law claims are ambiguous and have not been interpreted and (3) the resolution of the state law claim has the potential to resolve the dispute.
- Notice. This needs to be a case that turns on a federal constitutional, not a federal statutory issue.
- In Pullman the resolution of Texas law issue could preclude the need for a court to ever reach a constitutional claim.
What are the three elements to the Pullman abstention doctrine?
The court may abstain under this doctrine only if: (1) the case presents both federal constitutional and state law claims (2) the state law claims are ambiguous and have not been interpreted and (3) the resolution of the state law claim has the potential to resolve the dispute.
Is Pullman abstention mandatory?
No. Pullman abstention doctrine is discretionary and not mandatory. A federal court may choose not to exercise it even if all three elements are met.
When might a court choose to not exercise Pullman abstention?
To avoid prejudice to a plaintiff alleging the violation of an important federal right that would result from the delay of the adjudication of the case in state court.
Why is Pullman problematic?
The Pullman doctrine may result in full litigation in state court, which is as lengthy as it is costly, followed by more litigation in federal court.
What is the Buford abstention doctrine?
Where there is the pendency of a state court action simillar to one brought in federal court, the court may abstain from hearing a case or stay the matter pending the outcome of a state court action in order to avoid federal involvement with a complex state regulatory scheme.
What is the rational behind the Buford abstention doctrine?
The expertise of certain agencies and state courts should be given deference. If a generalist court of appeals selected to hear certain types of cases that implicate a complex state regulatory scheme confusion and inconsistency may result.
Younger abstention doctrine
A federal court should abstain from enjoining pending state criminal proceedings absent a showing of bad faith, harassment, or other unusual circumstances calling for equitable relief.
What is the Policy Rational Behind the Younger abstention doctrine?
- Congress should “permit state courts to try state cases free from interference by federal courts.”
- Federalism