Subject Matter JDX Flashcards
What is subject matter jdx? What cases do federal vs. state courts have SMJ over?
Subject matter jdx relates to the court’s power of jurisdiction over the case (rather than parties).
Federal courts have limited SMJ, and they can only here either (a) diversity cases or (b) federal question cases.
State courts can hear basically any case with some exceptions.
What kinds of cases do state courts NOT have SMJ over?
- bankruptcy
- patent
- federal securities
- antitrust
Note: cases other than these arising under federal law CAN be heard by state court
Can lack of SMJ be waived?
No.
What happens if court hears case without SMJ?
Judgment is void.
What is diversity jdx?
Federal courts have SMJ over diversity cases. Two reqs of diversity cases are:
(1) the case is either between (a) citizens of difference US states or (b) between citizen of a US state and citizen of a foreign country, AND
(2) amount in controversy exceeds $75k
What is the complete diversity rule?
The complete diversity rule states that citizenship is NOT diverse if ANY plaintiff is a citizen of the same state as ANY defendant.
What is considered a party’s state of citizenship for the complete diversity rule?
- US citizen = ONE state in which they are domiciled
- Corporation = ANY state/country incorporated + ONE state of PPB
PPB = nerve center, place from which managers direct, coordinate, and control biz activities
How do you est a change in your domicile for purposes of diversity JDX?
natural persons can have only ONE domicile. That domicile stays the same until it is changed. It is changed when (1) person has physical presence in new domicile AND (2) with intent to make the place your home for indefinite future
Where is the citizenship for unincorporated association? For limited partnership
Unincorporated assoc. takes on citizenship of ALL members. Limited partnership takes on citizenship of ALL general and limited partners.
What is the citizenship of a class? Minor/decedent/incompetent?
Class - class reps Minor/decedent/incompetent - even tho they are represented, use their own citizenship
How do yo est the AIC req for diversity JDX?
AIC must EXCEED 75k.
Amount includes ONLY claim itself (not interest, litigation costs).
Any single P may aggregate their claims against any single D to meet req. (Claims need not be related)
Note: for joint claims use total value
Equitable relief? Can be sufficient if either:
(1) is value of equitable relief to P greater than 75K?
(2) would relief cost D more than 75k?
What types of cases will a federal court decline to hear despite them satisfying diversity jdx reqs?
- divorce
- alimony
- child custody
- andactions to probate an estate
What happens if P changes citizenship after cause of action accrues but before filing?
If legit change, can be valid change for diversity jdx.
What is federal question JDX?
Federal courts have SMJ over claims that arise under federal law.
Well pleaded complaint rule = federal issue must be raised by the complaint. anticipated defenses do not count. P must be enforcing some federal right.
Note: no AIC req.
When may D remove case from state to federal court?
When jdx would have been proper in federal court - i.e. diversity or federal question.
BUT a D can NOT remove based on diversity jdx if:
- D is a citizen of the forum state (BUT if claim against in state D is dismissed, then can be removed)
- its been longer than 1 yr after case was filed in state court
Note: original state court need NOT have proper jdx for removal to be proper.
