Final

Question 1

Subject Matter Jurisdiction

Answer 1

• 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.

Question 2

Feredal Question

Answer 2

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
  
  1. substainital question
  2. well-pleaded complaint
  3. significance

Question 3

Diversity

Answer 3

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. 1 P can aggregate against 1 D
  2. 1 P cannot aggregate against mulitple Ds
  3. exceptions for mulitple Ps
     * they have a joint and common interest in the relief
     * they are plaintiffs in certain class actions

Question 4

Removal

Answer 4

• 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