Right Court - Subject matter jurisdiction

Question 1

What kinds of case can a state court hear?

Answer 1

Any kind of case

Question 2

What is state court’s ability to hear any type of case called?

Answer 2

General SMJ

Question 3

What kinds of cases can a federal court hear?

Answer 3

1) Diversity of citizenship; and

2) Federal question cases.

Question 4

What is federal court’s ability to hear limited types of cases called?

Answer 4

Limited SMJ.

Question 5

What are the two diversity of citizenship (and alienage) case requirements?

Answer 5

1) Case is either between citizens of different states (diversity) or between a citizen of a state and a citizen of a foreign country (alienage); and
2) The amount in controversy exceeds $75,000.

Question 6

What is the complete diversity rule?

Answer 6

It is not good if any P is a citizen of the same state as any D.

Question 7

What about a green card alien or citizen overseas?

Answer 7

Green carder domiciled in US state against us citizen in another state is alienage. If a US citizen overseas, no alienage because you are not an alien.

Question 8

What is a US citizen’s US state of citizenship?

Answer 8

State of domicile

Question 9

Can you have more than one state of domicile?

Answer 9

No

Question 10

How do you establish new domicile?

Answer 10

1) Physical presence

2) Intent to make permanent home

Question 11

When is diversity tested?

Answer 11

When case filed

Question 12

What about corporations re domicile?

Answer 12

1) State/country of incorporation/state/country PPB

2) LLP or Pship, every citizenship of its members.

Question 13

Does the amount in controversy include costs and interest?

Answer 13

No

Question 14

Is the amount eventually awarded relevant to jurisdiction?

Answer 14

No, but P wining less than $75k may have to pay D’s litigation costs. Costs are filing and discovery fees, NOT attorney’s fees.

Question 15

Can claims be aggregated to reach $75,000?

Answer 15

A SINGLE P can combine factually unrelated claims and sue multiple defendants.

Question 16

What cases will federal court refuse to hear even if requirements for diversity/alienage are met?

Answer 16

1) Divorce, 2) Alimony, 3) Custody, 4) Probate, 5) Estates.

Question 17

What is a federal question case?

Answer 17

Claim in Plaintiff’s complaint arises under federal law, e.g. federal/constitution/legislation.

You must ask the question, is the Plaintiff enforcing a federal right?

Question 18

Once a gase is properly in federal court under diversity or federal question, do we have to test every single additional claim for federal SMJ?

Answer 18

YES

Question 19

What if it doesnt pass the test?

Answer 19

The federal court can still hear it by invoking supplemental jurisdiction.

Question 20

What are the two steps involved in getting supplemental jurisdiction?

Answer 20

1) Claim we want to get into federal court must share a common nucleus of operative fact within claim that invoked federal SMJ (i.e. Is it from the same transaction or occurrence?)
2) This is limited by the supplemental jurisdiction ‘limitation’.

Question 21

What is the supplemental jurisdiction limitation?

Answer 21

1) By statute certain claims cannot invoke supplemental jurisdiction.
2) They apply in diversity not federal question cases.
3) Takes away supplemental jurisdiction for claims by plaintiff.
4) Where plaintiff is trying to assert a claim against a co-citizen.

Question 22

What is the supplemental jurisdiction rule?

Answer 22

A non federal, non diversity claim can be heard in federal court if it meets the test unless:

1) Asserted by a Plaintiff;
2) In a diversity of citizenship (Not federal questions case); and
3) Asserted against a citizen of the same state as the plaintiff

Question 23

Does the Court still have discretion to deny even though supplemental jurisdiction applies?

Answer 23

Yes, normally where underlying claim dismissed early in case.

Question 24

Who is able to remove a case to federal court?

Answer 24

Defendant

Question 25

When can someone remove a case to federal court?

Answer 25

Usually within 30 days of service of first paper that shows case is removable. Within 30 days of service of process.

Question 26

What cases can be removed to federal court?

Answer 26

Generally any case meeting requirements for diversity or federal question.

Question 27

What are the two big exceptions to a defendant being able to remove a case to federal courts on a case that meets diversity or federal question?

Answer 27

1) No removal if any defendant is a citizen of the forum (instate court defendant rule); and 2) No removal more than one year after case has been filed.

Question 28

Where and how do we remove?

Answer 28

Only federal district embracing state court where case filed. 1) File notice of removal, 2) State grounds for removal, 3) Serve and file in state court.

Question 29

What if Plaintiff thinks case shouldn't have been removed?

Answer 29

Can move to remand to state court: 1) Procedurally improper? Move no later than 30 days after filing. 2) If it thinks it lacks SMJ can be at any time.

Question 30

In federal court, what law applies?

Answer 30

1) Erie Doctrine and 2) Federal common law

Question 31

What on earth is the three step erie doctrine?

Answer 31

1) Is there some federal law conflicting with state law? Supremacy clause means federal law prevails; 2) If no 'on point' federal law, judge to apply state law if issue substantive (Elements, claim/defense, S/L) 3) If no law on point, Federal Judge determines if substantive.

Question 32

In a diversity case what law is applied?

Answer 32

State law

Question 33

What does erie mean for whether there is federal common law?

Answer 33

Erie means there is no general federal common law, general common law is state law, but where there are gaps they can fill it.