subject matter jur

Question 1

state court SMJ

Answer 1

power over the case

FED COURT CAN HEAR ANY KIND OF CASE (GENERAL SMJ)

Question 2

federal court SMJ

Answer 2

limited jurisdiction can only hear

1. diversity cases
2. federal questions

Question 3

diversity

Answer 3

2 reqs

1. the case is either between citizens of different US states OR between a citizen of the US and foreign citizen AND
2. amount in controversy exceeds $75k

NO PARTIES ON DIFFERENT SIDES MAY BE FROM SAME STATE

also no two aliens against each other

green card alien vs. P of same state = no diversity

Question 4

citizenship of natural person

Answer 4

can only have one domicile

domicile is

1. presence in a place AND
2. intent to make that your home for the foreseeable future

Question 5

citizenship of a corp

Answer 5

every state or country wher eincorporated and the US state with its PPB

PPB - where it’s nerve center is, or where it directs, coordiantes and conducts corporate activities. the nerve center is usually the HQ

Question 6

citizenship of partnership, LLC etc

Answer 6

the citizenship of all its memebrs

Question 7

citizenship of decedents, minors or imcompetents

Answer 7

use citizenship of decedents, minors or imcompetents

Question 8

amount in controversy

Answer 8

can’t include punitive

AGGREGATE THE CLAIMS of one P but NOT multiple Ps

Question 9

amount in controversy and specific performance

Answer 9

met if either is met

P’s view decrease P’s property by more than $75K

or

cost D more than $75K to comply

Question 10

EXCLUSIONS FROM FEDERAL COURT

Answer 10

DIVORCE

ALIMONY

CHILD CUSTODY

PROBATE AND ESTATE