Subject matter jurisdiction

Question 1

What cases can the federal court hear

Answer 1

The federal court has may hear cases when it has SMJ because it has limited jurisdiction:

a. Federal question
b. Diversity jurisdiction
c. supplemental jurisdiction

Question 2

What is Federal Question Jurisdiction

Answer 2

1. claim that arises under federal law/US constitution or US Treaty.
2. P must be enforcing a federal right
3. federal question must be well-pleaded on the complaint.
4. rasing the FQ as a defense isn’t sufficient.

Question 3

Diversity jurisdiction general overview

Answer 3

DJ requires = complete diversity of citizenship and the amount in controversy exceeds $75k.

Question 4

what is complete diversity

Answer 4

there must be complete diversity when the action is commenced. (physical presence and intent to remain there indefinitely)

Citizenship:

individual - based on where you are resident and intent to make your permanent home.

Corporation: where they are incorporated and the principal place of business ( nerve center)

Incorpo: - domiciliary of every member/partner

PR/executor: citizen of where the decedent or person being represented resides.

Question 5

What is the amount of controversy

Answer 5

damages alleged in good faith in the complaint of $75k

if injunctive relief - the amount of benefit to the P or cost of compliance for D.

May aggregate claims against one def or multiple D if they are jointly and severable liable.

AMT IN CONTROVERSY MAY INCLUDE ATTORNEY FEES.

Question 6

Supplemental Jurisdiction

Answer 6

allows a party to bring a state claim in federal court even when it doesn’t meet the SMJ requirement.

Fed court may exercise supplemental jurisdiction when a claim arises from a common nucleus of operative fact as the other claims. the claims must arise out of the same transaction or occurrence.

Question 7

Limitations of Supplemental Jurisdiction

Answer 7

1. cant be used to overcome a lack of jurisdiction.

2. cannot be asserted if it would violate complete diversity.

Question 8

When can a court decline to exercise supplemental jurisdiction?

Answer 8

1. the claim raises a novel or complex issue of state law
2. claim substantially predominates over the over claims which court has smj
   the court dismissed all claims that had federal smj or
3. exceptional circumstances.

Question 9

Removal

Answer 9

Def may remove a case to fed court if :

1. the fed court has smj
2. all def agree
3. no def is a resident of the forum state and
4. removal is sought within 30 days of service of the summons or receiving the initial pleading which is shorter.
5. not over 1 yr in DJ case unless P acted in bad faith.

P cant removes a case to Fed court.

Question 10

Abstention doctrines

Answer 10

the fed court may abstain from hearing a case when it intrudes upon another court.

CRTs may stay a case if arising from ambiguous state law to await the outcome of a pending state court case.

Question 11

4 Abstention doctrines (PYCB)

Answer 11

Pullman: - discretion to abstain when the case arises from unsettled areas of state law.

Younger doc: - court may abstain from hearing constitutional challenges to state action.

Colorado: - court should abstain when parallel and fed litigations are pending.

Buford doc: abstain if fed adjudication would interfere with a state admin of complex reg scheme