Federal Jurisdiction Flashcards
(96 cards)
SUBJECT MATTER JURISDICTION
The power of a court over the subject matter of an action, over the nature or kind of action that you have. WAIVER AND OBJECTIONS: Parties May never waive their objections to the lack of SMJ; may never consent to the lack of SMJ. The court on its own must dismiss for the lack of.
STATE COURTS SMJ
The state courts are Courts of general jurisdiction Therefore as a rule, state courts have subject matter j’n over all kinds of actions. Except if if there is exclusive j’n in some other forum.
FEDERAL COURTS SMJ
FEDERAL COURTS ARE COURTS OF LIMITED J’N. Therefore there must be a jurisdictional basis for every claim filed in Federal Court.
Two primary alternative jurisdictional bases.
- Arising under Federal Law
2. Diversity Jurisdiction
A claim arising under
- A claim does arise under federal law if the claim is either
a) created by federal law, or
b) the claim is created by state law but depends on a substantial Federal (constitutional) question.
Note: the Federal issue must appear on the face of the Plaintiff’s well pled complaint as part of the Plaintiff’s own claim and not merely by way of a defense.
Diversity Jurisdiction in Federal Court
is only allowed over claims in which there is
a) complete diversity and in which
b) the amount in controversy exceeds $75K.
No single plaintiff may be a citizen of the same state as any single defendant.!
A person’s domicile (for Diversity)
1) their true home, plus
2) where they intend to remain or return - at the time the law suit is Filed
Aliens & Fed. Ct. Diversity (Pure, Resident & American Abroad)
a) PURE ALIENS (not admitted as perm. resident) CANNOT sue other pure aliens, but CAN sue or be sued by a non-alien and there will be diversity
b) RESIDENT ALIENS may not sue an American citizen domiciled in that same state;
c) AMERICAN citizen domiciled ABROAD may never sue or be sued based on diversity
Supplemental Jurisdiction
FC has discretion to assert supplemental power over both claims if it derives from a “common nucleus of operative fact”
- 28 USC 1367 - conferring supplemental jurisdiction over claims by statute
(a)
(b)
(c)
Supplemental J’n (Narrow) Exception
If the only primary jurisdictional basis is diversity, plaintiffs cannot use supplemental jurisdiction to bring in additional claims against non diverse parties.
use of supplemental jurisdiction to bring in additional claims
a. D’s can use against non-diverse parties, even if the only primary jurisdictional basis is diversity.
b. P’s can use against non-diverse parties, if there is an “Arising under” claim.
c. P’s can use against diverse parties, even if the additional claims do not exceed $75, 000.
- Plaintiff’s anchor federal claim must assert a fed claim that has substance sufficient to confer SMJ on the court.
Removal to Fed. Ct.
Defendants may remove an action from state court to the federal court that geographically embraces the state court by: all consenting to filing a notice of removal in the Federal court within 30 days of the service of the state court complaint. But the Plaintiffs may file a motion to remand the action back to state court within 30 days of the filing of the notice
Remand from Fed. Ct.
Federal court must remand particular claims back to state court if: there was no federal jurisdiction over those removed claims. (looking for arising under, or diversity and supplemental)
Removal Exceptions
If the only primary jurisdictional basis is diversity, there can be no removal if: either
1) the notice of removal was filed more than one year after the original state court action is filed, or
2) if any single defendant was a citizen of the state where the action was filed.
Choice of Law in Federal Court
- If the conflict between federal and state law involves a Federal Statute, a Federal Rule of Civil Procedure, a Federal Rule of Evidence or the issue of Trial by Jury, FEDERAL Law Governs.
2) If the conflict does not involve a Federal Statute, a Federal Rule of Civil Procedure, a Federal Rule of Evidence or the issue of trial by Jury, THEN State law governs where the difference between State and Federal Law would alter the outcome. (not likely give Q unless w/b change outcome). Therefore, STATE LAW GOVERNS UNLESS Federal Statute, Federal Rule or Trial by Jury.
Full Faith and Credit
A FEDERAL Court must recognize and enforce a valid judgment entered by any other Federal or State Court. The Federal Courts are Generally Prohibited from Enjoining ANY pending state court actions. Therefore, it is possible in life /bar exam that a Fed Ct may engage in litigation also pending in state court.
Doctrine of abstention
a Federal Court will refrain from interpreting state law or deciding the constitutionality of a State statute and may stay its own action until the state court has ruled on these issues.
Temporary Restraining Order
emergency order for 14 days to prevent irreparable harm and preserve the status quo. Notice to the adversary may be excused if it would be impractical to provide notice before the harm occurs.
Preliminary Injunctions
, by contrast to a TRO, is granted only upon notice to maintain the status quo and to prevent irreparable harm before a trial on the merits.
Personal Jurisdiction is
The power over the court over the DefendantÌs person or property. (The Q of whether or not involves two major analytical hurdles)
Requirements for Personal Jurisdiction
1) The law of the forum must grant personal jurisdiction (in Fed Ct, there could be a Fed StÌt granting, but more likely Ò they may always borrow the personal jÌn law of the state where it sits); AND ALSO
2) the forums law must be constitutional
Bases for Personal Jurisdiction under forum’s law
1) CONSENT; 2) PRESENCE; 3) LONG ARM STATUTE in the state;
2 forms of consent
1) Express Consent Ò the Defendant will make any expression of consent to personal jurisdiction over it (neither ever a valid basis for SMJ); or
2) Implied Consent Ò the Defendant will fail to object to PJ in the first response to the complaint (waiver), by the failure to object in the first response (woven in as a timeframe); D must respond within 21 days of service, but within 60 days if it waives formal service of process Ò if there is no evidence of consent you must still assess ->
3 forms of presence
PRESENCE
a) Actual voluntary physical presence of the D in the state while served w/ process (c/b in state for a micro-second);
b) Domicile DÌs true home is in the state and she intends to return;
c) D is doing business in the state means the regular, systematic and continuous in-state business
