Introduction/Subject Matter Jurisdiction

Question 1

Subject Matter Jurisdiction

Answer 1

Power of the court over the subject matter, kind, or nature of the lawsuit

Question 2

Objections to SMJ can never be?

Answer 2

waived

Question 3

Federal courts are courts of what type of jurisdiction?

Answer 3

Limited (state courts have general jurisdiction)

Question 4

2 primary bases for federal subject matter jurisdiction

Answer 4

• Arising under federal law OR
• diversity jurisdiction

Question 5

What does “arising under federal law” mean?

Answer 5

claim arises under federal law if the claim is:
-created by federal law or
- created by state laws but depends on a substantial federal question

Question 6

Substantial federal question includes issues that involve?

Answer 6

• the United States constitution
• federal tax law

Question 7

Federal issues MUST appear on the face of?

Answer 7

the plaintiff’s well plead complaint as part of the plaintiffs own claim and not merely by way of a defense