Civil Procedure Flashcards
(30 cards)
What is Subject Matter Jurisdiction?
a court’s competence to hear and determine cases of general class and subject which proceedings in question belong
what does federal question jurisdiction mean?
district courts have original jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the U.S.
do state courts and federal courts have concurrent jurisdiction of federal question claims (unless Congress expressly provides that the jurisdiction of the federal courts is exclusive)?
yes
what is express federal question jurisdiction?
exists if the cause of action in question is expressly created by federal law and federal law provides the underlying right
what is implied federal question jurisdiction?
when the federal question is likely to be found if the right is created by federal law, and the cause of action can be fairly imled and was intended by Congress
if there is not express or implied federal question jurisdiction, what must the complain have?
the complaint must involve a state claim that is (1) necessarily raised; (2) actually disputed; (3) substantial; and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress
what is the well-pleaded complaint rule?
federal question exists only when the federal issue is presented on the face of the complaint (plaintiff’s complaint–NOT defenses, answers, or counterclaims)
what is diversity jurisdiction?
federal courts have jurisdiction when
1. parties are citizens of different states or citizens of a state and citizens of a foreign state, and
2. the amount in controversy exceeds $75k
what is complete diversity?
no P is a citizen of the same state or foreign coutnry as any D
what is the citizenship of an individual?
the individual’s domicile–state where they are present and intend to reside indefinitely (determined at commencement of action)
what is a corporation’s citizenship?
principal place of business (“nerve center”) and state of incorporation
what is the standard of proof for the amount in controversy requirement for diversity jurisdiction?
plaintiff’s good-faith assertion in the complaint is sufficient
when can claims be aggregated for the amount in controversy RE: diversity jurisdiction?
- single P against single D
- multiple Ps with a common/undivided interest
how does amount in controversy work RE: permissive counterclaims and compulsory counterclaims?
- permissive counterclaims: must meet the jurisdictional amount requirement
- compulsory counterclaims: does not need to meet the jurisdictional amount requirements.
how does supplemental jurisdiction work?
a federal court with jurisdiction may exercise supplemental jurisdiction over additional claims which the court would not independently have subject matter jurisdiction over, but that arise out of a “common nucleus of operative fact” such that all claims should be tried in a single judicial proceeding
when is supplemental jurisdiction over a federal question claim allowed?
additional claims against the same party can be heard through supplemental jurisdiction if the common nucleus of operational fact test is met
when is permissive joinder allowed supplemental jurisdiction under diversity jurisdiction
allowed so long as the addition of a plaintiff asserting the additional claim cannot violate the complete diversity rule (and is not required to satisfy the jurisdictional amount)
when is a counterclaim allowed under supplemental jurisdiction for diversity jurisdiction cases
compulsory counterclaims do not need to satisfy the jurisdictional amount, but permissive counterlcaims must satisfy both diversity jurisdiction requirements (citizenship and amount in controversy)
when can cross-claims be given supplemental jurisdiction in diversity jurisdiction cases
cross-claims may be asserted by a defendant against another defendant or by a plaintiff against another plaintiff if the cross claim arises out fo the same transaction or occurrence as the intiitla claim; no amount in controversy or citizenship requirement if the court has Subject Matter Jurisdiction over the original complaint
when does a federal court have removal jurisdiction?
a defendant may generally remove a case from a state court to a federal district court having subjectmatter jurisdiction–removal must be to the district court for the district and division in which the state court action is pending; and removal to the wrong district court is subject to a motion for remand (or transfer to the proper federal court)
how is the determination for removal jurisdiction made?
generally, the right to remove is determined by the pleadings filed when notice to remove is filed
* for diversity jurisdiction–diversity must exist at the time of filing of the original actions as well as at the time that notice fo removal is filed, unless (1) the party preventing diversity is dismissed; or (2) the non-diverse party against whom P has no colorable claim was fraudulently joined to defeat diversity
what wrinkle does diversity jurisdiction add to removal claims?
in a removal claim based solely on diversity jurisdiction, the claim may be removed only if no D is a citizen of the state in which the action was filed
if a federal question claim is joined with claims that aren’t independently removable, can the entire case be removed?
yes
what are the notice requirements for removal?
- D must filed notice within 30 days after receipt by or service on the D of the initial pleading
- for federal question claims–only Ds against whom the federal claim is filed must consent/join in the removal
- for removal based on diversity jurisdiction–removal cannot occur more than one year after the action is commenced unless teh P acted in bad faith)
