JURISDICTION

Question 1

Methods for Federal Subject Matter Jurisdiction

Answer 1

1. Federal Question
2. Diversity
3. Supplemental

Question 2

Federal Question Jurisdiction

Answer 2

Federal court has original jurisdiction if the well-pleaded claim includes a federal question.

The federal statute containing the cause of action must also provide remedy for the violation

A state law involving a federal question is sufficient for SBJ if its effect is substantial.

Maritime actions

Habeaus Corpus

Question 3

Diversity Jurisdiction

Answer 3

Requires:

1. Diverse litigants
2. Over $75,000

Diversity must be “complete” no P and D can be from same state.

Diversity measured at time of filing suit

Question 4

Supplemental Jurisdiction

Answer 4

A claim which would not ordinarily fall under federal SMJ can be filed if it:
1. federal question
2. arises out of same transaction or occurrence OR
Diversity Jurisdiction with a Cross-claim or Compulsory Counterclaim

Question 5

Concurrent Jurisdiction

Answer 5

A federal court has concurrent jurisdiction over a case if it could have also been brought in state court

Question 6

Removal (from state to fed court)

Answer 6

Removal on basis of diversity can be done if all the defendants are diverse from the plaintiffs.

Removal on basis of federal question is available within 30 days of pleading/amended complaint

Removal requirements:

1. Notice within 30 days of initial pleading or amended complaint
2. If based on diversity must be removed within 1 year
3. All parties in case must consent

Question 7

Remand

Answer 7

If a plaintiff believes that a case has been improperly removed to federal court, they can bring a motion to remand to state court.

Must be made within 30 days of removal notice

Motion to remand for lack of SMJ has no time limit since SMJ objection can never be waived.

Question 8

Personal Jurisdiction

Answer 8

Power of a court over a particular party.

1. Look at State law
2. Make sure it complies with 14th amendment.
   i. Residency
   ii. Consent
   iii. Service
   iv. Minimum Contacts
   v. At Home jurisdiction (Substantial Business)

Question 9

Long Arm Statute Requirements

Answer 9

For a state law asserting personal jurisdiction over a particular party to be constitutional under the 14th Amendment’s due process clause in the following circumstances:

1. Residency
2. Consent
3. Service
4. Minimum Contacts
5. Substantial business

Question 10

In Rem Jurisdiction

Answer 10

Subject of the lawsuit is land or real property located in the state

Question 11

Quasi In Rem Jurisdiction

Answer 11

Plaintiff seeks to attach real or personal property by defendant in order to satisfy any judgement against defendant

Question 12

Elements for Federal question in state law claims in order for Federal Jurisdiction

Answer 12

Federal issue is:
Actually raised
Necessarily raised
Substantial
Capable of resolution without disrupting the federal-state balance

Question 13

Domicile

Answer 13

State where the individual has lived and intends to reside permanently

Question 14

Class Action requirements

Answer 14

1. 5 Million
2. 100 people

Leader must be diverse

Question 15

Corporation Domicile

Answer 15

1. Where they are incorporated

2. Principal place of business

Question 16

Unincorporated associations (Unions, LLCs, Partnerships) domicile

Answer 16

Citizen of every state where member is a citizen

Question 17

Removal

Answer 17

D can remove a case from state to federal court if the case could have originally been filed in court.

Must remove within 30 days once grounds become apparent.

IF BASED ON REMOVAL:
Must remove within one year of filing, unless plaintiff attempted to thwart removal.

IF MULTIPLE DEFENDANTS:
All defendants must agree to move

Question 18

Home-state defendant rule

Answer 18

D cannot remove to federal court if:

1. Jurisdiction is based on diversity jurisdiction
2. D is citizen of state where P filed suit.