Subject Matter Jurisdiction Flashcards
(43 cards)
What is subject-matter jurisdiction? (SMJ)
regards the court’s power over the CASE (not the parties like in PJ)
What type of SMJ do federal courts have?
Federal courts have limited SMJ - can only hear certain kinds of cases
What type of SMJ do state courts have?
State courts have general SMJ - can hear any kind of case (in their state court)
What types of federal cases can state courts NOT hear?
i.e. patent infringement, bankruptcy, some federal securities, and antitrust claims
What 2 main types of cases can be heard in FEDERAL court? (what jurisdiction does it have)
(1) Federal Question (FQ) jurisdiction
(2) Diversity of Citizenship jurisdiction // includes “alienage” jurisdiction
Can parties waive SMJ?
No!!! A lack of SMJ cannot be waived (unlike PJ).
If a case does not invoke federal SMJ - the federal court cannot hear the case, and if it does, the judgment is VOID
Diversity of Citizenship jurisdiction (elements)
2 requirements:
(1) Case is either:
- a) between citizens of different US states (diversity); OR
- b) between a citizen of U.S. state and a citizen of a foreign country (alienage); AND
(2) the amount in controversy exceeds $75,000
What is the first requirement of Diversity of Citizenship SMJ?
First Requirement: Who are the right kinds of litigants?
COMPLETE DIVERSITY RULE!
What is the complete diversity rule?
Diversity of citizenship jurisdiction does NOT exist if ANY Plaintiff is a citizen of the same state as ANY Defendant // every defendant must be of a diverse state citizenship from each plaintiff
**diversity is determined at the time the case is FILED
When is diversity determined? (for Diversity of Citizenship jurisdiction)
diversity is determined at the time the case is FILED// must have it when the case commenced (remember interpleader exception)
What happens if Plaintiff is a U.S. Citizen but is domiciled outside the US (i.e. in Paris)
There is NO alienage jurisdiction (because we don’t have a non-US citizen)
AND there is NO diversity jurisdiction (because the plaintiff is not a citizen of a state - they are a U.S. citizen but they reside in Paris)
What is the citizenship of a Natural Person (Human)?
The citizenship of a person who is a U.S. citizen is the ONE U.S. state in which she is DOMICILED
**a person can only have ONE domicile that is retained until it is changed.
How does one establish a new domicile?
you would have to establish 2 things:
(1) PHYSICAL PRESENCE in the new domicile
and
(2) the INTENT to make that place your home for the indefinite future
– factors to look at for intent - taking a job, buying a house, joining civic organizations, registering to vote, qualifying for in-state tuition, etc.
How do you treat the District of Columbia?
As a state!
What is the citizenship of a corporation?
A corporate is a citizen of 2 places:
(1) of ANY state or country in which it is INCORPORATED;
AND
(2) ONLY ONE – of the ONE state or country in which it has its PRINCIPAL PLACE OF BUSINESS (PPB)
Where is a corporation’s principal place of business?
It is the state from which the corporation’s managers DIRECT, COORDINATE, and CONTROL BUSINESS ACTIVITIES.
also called the NERVE Center
**usually the site of the corporate headquarters
What is the citizenship of an UNINCORPORATED Association (Partnership, Limited Liability Corporation “LLC”, etc.)
An unincorporated association takes on the citizenships of all of its members.
If its a LIMITED partnership –> you include the citizenships of general AND limited partners
What is the citizenship of Decedents, Minors, and Incompetents?
Decedents, minors, and incompetent person must sue or be sued through a representative; utilize the domicile of the represented person
**the representative’s citizenship is irrelevant. You use the citizenship of the decedent, minor, or incompetent.
What is the citizenship in class actions?
Class action citizenship is that of the named representative(s) of the class is used.
2nd Requirement of Diversity of Citizenship Jurisdiction: AMOUNT IN CONTROVERSY
The plaintiff’s claims must EXCEED $75,000
How do you calculate the amount in controversy?
Only the claim itself is considered!
Litigation costs or interest (prejudgment) on the claim are not included// amount in controversy does not include interests and costs or counterclaims// DOES include attys fees and interest that are recoverable by statute or as part of the claim
Whatever the plaintiff claims in good faith is ok, unless it is clear to a legal certainty that she cannot recover more than $75,000
what the plaintiff ultimately recovers does not matter (i.e. if recovers less than 75k - does not mean court did not have SMJ)
Aggregation of Claims
Means adding TWO OR MORE CLAIMS to meet the amount in controversy requirement.
**Any SINGLE PLAINTIFF may aggregate ALL of her claims against a SINGLE defendant; the claims do not have to be related to each other
- one plaintiff may NOT aggregate SEPARATE claims against SEVERAL defendants
- one plaintiff may sue several defendants on a joint liability claim if it exceeds $75k
- several plaintiffs may aggregate claims against ONE defendant if seeking to enforce a single title or right
Joint claims
For joint claims, you use the total value of the claim.
With joint claims, the number of parties is irrelevant.
How do we calculate the ‘amount in controversy’ for EQUITABLE relief? (i.e. injunction, specific performance, rescission of a contract, etc.)
2 tests; and if EITHER is met, most courts find that the amount in controversy is satisfied.
1) Plaintiff’s viewpoint: If granted, does the relief requests have a VALUE of more than $75k TO THE PLAINTIFF?
2) Defendant’s viewpoint: If granted, will the relief requested by the Plaintiff COST THE DEFENDANT more than $75k?
