Jurisdiction and Venue

Question 1

Why can a federal court not hear cases if it does not have subject matter jurisdiction?

Answer 1

A federal court not hear cases without subject matter jurisdiction because federal courts are courts of limited jurisdiction

Question 2

What does subject matter jurisdiction give the federal court the right to do?

Answer 2

subject matter jurisdiction give the federal court the right to hear a case

Question 3

What does subject matter jurisdiction give the federal court the right to do?

Answer 3

subject matter jurisdiction gives the federal court the right to hear a case

Question 4

What are the 2 main types of subject matter jurisdiction?

Answer 4

federal question jurisdiction and diversity of citizenship jurisdiction the 2 main ways for a federal court to have subject matter jurisdiction

Question 5

When can lack of subject matter jurisdiction be raised?

Answer 5

lack of subject matter jurisdiction be raised at any time, even on appeal, and so it is never waived

Question 6

Who can raise lack of subject matter jurisdiction?

Answer 6

The judge can sua sponte (on their own) raise lack of subject matter jurisdiction and either party

Question 7

When is federal question jurisdiction?

Answer 7

A federal question jurisdiction exist when the claim arises under federal law, the US Constitution, or a US treaty

Question 8

What does concurrent jurisdiction mean?

Answer 8

concurrent jurisdiction mean that a plaintiff may choose to file the lawsuit in federal court or state court

Question 9

What does exclusive jurisdiction mean?

Answer 9

exclusive jurisdiction means that a plaintiff can only file the lawsuit in federal court

Question 10

Over which subject matter does a federal court have exclusive jurisdiction?

Answer 10

Federal courts do have concurrent jx with state courts, but have exclusive jurisdiction over (1) patent, (2) trademark,
(3) copyright, (4) admiralty, (5) maritime law, (6) bankruptcy, (7) antitrust, (8) suits between states, and (9) securities cases

Question 11

Who must be enforcing a federal right under federal question jurisdiction

Answer 11

• the plaintiff be enforcing a federal right under federal question jx
• if the plaintiff sues, arguing that the federal does not apply to him, then he is not seeking to enforce a
  right under federal law
• another way to think about “enforcing a right” that the plaintiff must be seeking the benefit of the federal law

Question 12

What is the well-pleaded complaint rule under federal question jurisdiction?

Answer 12

Under the well-pleaded complaint rule, the federal question must be present on the face of the plaintiff’s complaint

Question 13

Why can a defendant’s defense not create a federal question?

Answer 13

• Raising a defense under federal law not sufficient to create a federal question jurisdiction because the federal question must be present on the face of the plaintiff’s complaint under the well-pleaded complaint rule

Question 14

What is “artful pleading”?

Answer 14

artful pleading is where the plaintiff tries to hide a federal question from the face of the complaint by camouflaging it;

Is the remedy for artful pleading that the defendant may remove the case to federal court and argue that the case really does
contain a federal question?

Question 15

Which trumps, federal question or diversity jurisdiction?

Answer 15

A federal question trumps diversity of citizenship jurisdiction and so if a claim satisfies federal question jurisdiction, there is no need to analyze diversity jurisdiction for that claim

Question 16

What happens if the federal court dismisses the case because it lacks subject matter jurisdiction?

Answer 16

dismissal for lack of subject matter jurisdiction not prevent refiling the claim in state court because there is no claim
preclusion (res judicata) argument

Question 17

When does a federal court have subject matter jurisdiction under diversity jurisdiction?

Answer 17

there must be complete diversity of citizenship at the time the action is filed and the amount is controversy exceeds $75,000 (not including interest or court costs)

Question 18

What is complete diversity of citizenship?

Answer 18

• no P is from the same state as a D
• it is irrelevant that the Ps are not diverse from one another because for diversity of citizenship jx, no Ps can be from the same state as a D
• it is irrelevant that the Ds are not diverse from one another

Question 19

How is citizenship determined?

Answer 19

• citizenship is determined by the parties’ place of domicile at the time the suit is filed and depends on whether the parties are individuals or entities

Question 20

Where is an individual domiciled?

Answer 20

An individual is domiciled in his state of residence or the state in which they are physically present (physical part) and it is their subjective intent (mental part) to make their permanent home

Question 21

How is a resident alien’s domicile determined?

Answer 21

the domicile test for a permanent resident alien also the same domicile test as for an individual

Question 22

When a person splits time between more than one state, where are they domiciled?

Answer 22

When a person splits time between more than one state, domicile is determined by looking for the state in which they have a physical presence and the subjective intent to remain in permanently; a person may only have 1 domicile

Question 23

What is subjective intent for purposes of domicile?

Answer 23

To determine subjective intent to remain permanently, will the court look at available factors like, (1) the person’s residence, (2) voter registration/records, (3) vehicle registration, (4) location of bank accounts, (5) where they file taxes, and (6) place of employment.

Question 24

What happens if a party changes domicile to create or defeat diversity jurisdiction?

Answer 24

The motive for the domicile change is completely irrelevant and the only important information is simply where the party was domiciled at the time the suit was filed

Question 25

What happens if a party has only been in the state for a short period when the suit is filed?

Answer 25

there is no minimum residency for domicile and the only important information is simply where the party was domiciled at the time the suit was filed

Question 26

Where is a child domiciled?

Answer 26

domicile of the child is the same as her parents’ domicile

Question 27

Where is a person who is represented by a legal representative domiciled?

Answer 27

A person who is being represented by a legal representative keep their own citizenship. Therefore, a person who is being represented by a legal representative cannot claim the citizenship of the legal representative

Question 28

Where is a corporation domiciled?

Answer 28

A corporation domiciled (1) in every state or foreign country where it is incorporated and also (2) in the one state where it has its principal place of business

Question 29

What is a principal place of business?

Answer 29

It is the nerve center or corporate headquarters, or C-suite is located and there can be only one.

Question 30

What is the nerve center?

Answer 30

The nerve center is where the corporate officers direct, control, and coordinate the corporation’s activities

Question 31

Where is an unincorporated association?

Answer 31

An unincorporated association an entity like an LLC, partnership, or sole proprietorship

Question 32

Where is an unincorporated association domiciled?

Answer 32

An unincorporated association (like an LLC, partnership, or sole proprietorship) domiciled in the states of every
partner/member/owner.

Question 33

What is an executor?

Answer 33

An executor a person (or entity) appointed to carry out the terms of the testator’s (deceased person) will;

Question 34

What is a personal representative?

Answer 34

A personal representative is a person, appointed in a will or by the court, to administer the decedent’s estate; they take the citizenship of the decedent (person who died), effectively “step into the shoes” of the decedent.

Question 35

Where is a US citizen living overseas domiciled?

Answer 35

a US citizen living abroad still a US citizen, but not domiciled in any U.S. state if she intends to remain overseas

Question 36

How is citizenship determined in a class action?

Answer 36

In a class action, citizenship is determined by the citizenship of the named class representative

Question 37

What is an alien for purposes of diversity jurisdiction?

Answer 37

An alien is a citizen or subject of a foreign country.

Question 38

When does alienage jurisdiction exist?

Answer 38

• alienage jx exists if an alien is sued by or sues a US citizen
• it also exists if the P and D are citizens of different states and an alien is also a
  P/D

Question 39

When does alienage jurisdiction not apply?

Answer 39

alienage jX does not exist when all parties are aliens – even if a party has a principal place of business in a US state

Question 40

What happens if the alien is a permanent resident of the US?

Answer 40

a permanent resident treated just like a US citizen for domicile purposes and so if the permanent resident resides in
the same state as the defendant, then there is no diversity jurisdiction

Question 41

What is foreign state diversity jurisdiction?

Answer 41

a foreign state diversity jx when diversity jx exists between a (1) foreign state as plaintiff and (2) citizens of
a state or different states, plus, (3) the amount in controversy exceeds $75,000

Question 42

What is a foreign state?

Answer 42

A foreign state includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state

Question 43

How much must the amount in controversy be?

Answer 43

the amount in controversy exceeded $75,000 and exclude interest and costs

Question 44

Why does good faith matter with the amount in controversy?

Answer 44

the plaintiff must allege his damages in good faith in the complaint

Question 45

Why does good faith matter with the amount in controversy?

Answer 45

• the plaintiff must allege his damages in good faith in the complaint
• the amount in controversy presumed to be in good faith unless it is legally certain that the plaintiff cannot recover the amount specified in the complaint

Question 46

When can a plaintiff aggregate damages to meet the amount in controversy requirement?

Answer 46

• one P can aggregate all her claims against one defendant to meet the amount in controversy requirement
• one P can also aggregate claims against multiple defendants if they are all jointly liable

Question 47

When can multiple plaintiffs aggregate their claims to meet the amount in controversy requirement?

Answer 47

• this means that if there are multiple Ps seeking to enforce a right in which they have common and undivided
  interest, then multiple Ps may aggregate their claims against a single D or against multiple Ds (who are jointly or severally liable)

Question 48

What is a common and undivided interest that would allow multiple plaintiffs to aggregate their claims to meet the amount in controversy requirement?

Answer 48

a common and undivided interest exist if one p’s claim failed, the other Ps “would collect a larger share”
- e.x. of a common undivided interest where there is joint ownership of the same property or joint tortfeasors (who
are jointly or severally liable)

Question 49

How is a claim for injunctive relief valued?

Answer 49

A claim for injunctive relief is valued by either the benefit to the P or the cost to the defendant for complying with
the injunction

Question 50

What are some claims that a federal court will not hear even if the parties are from different states?

Answer 50

• a federal court does not have diversity jurisdiction for probate actions and domestic relation matters
• a party is not allowed to improperly create diversity jurisdiction by assigning their interest in a case to create diversity of citizenship so that they can invoke diversity jx

Question 51

What is supplemental jurisdiction?

Answer 51

supplemental jx gives a federal court with valid SMJ over a claim the discretion to hear add’l claims over which the court does not independently have jurisdiction – as long as all the claims arise from the same
case or controversy

Question 52

Who has discretion to exercise supplemental jurisdiction?

Answer 52

• supplemental jx is a discretionary doctrine, which means the court may choose to exercise it, but is never obligated to;
• even when the state law claim is part of the same case or controversy as the federal question or diversity

Question 53

When do claims arise from the same case or controversy?

Answer 53

• if they (1) arise out of a common nucleus of operative fact or (2) the claims are part of the same transaction or occurrence
• When there are multiple claims, if the federal court has subject matter jurisdiction over one of the claims, may the federal court exercise supplemental jurisdiction over a related claim (1) that is part of the same case or controversy and (2) as long as
  doing so does not defeat (destroy) subject matter jurisdiction?