Subject Matter Jurisdiction

Question 1

Federal Question Constitutional Authority

Answer 1

Article III Section 2

Question 2

Federal Question Statutory Authority

Answer 2

28 U.S.C. 1331

Question 3

Well Pleaded Complaint Rule

Answer 3

an action must arise under federal law when the Plaintiff files the cause of action claim (cannot file a claim based on an expected defense)

Question 4

Well Pleaded Complaint Rule Authority

Answer 4

28 U.S.C. 1331

Question 5

Diversity Constitutional Authority

Answer 5

Article III Section 2

Question 6

Diversity Statutory Authority

Answer 6

28 U.S.C. 1332

Question 7

28 U.S.C. 1332 (a)

Answer 7

$75,000 + (1) citizens of different states, (2) citizens of a state of a foreign state, or (3) citizens of different states in which citizens or subjects of a foreign state are additional parties

Question 8

Complete Diversity Rule

Answer 8

all plaintiffs must be diverse from all defendants

Question 9

Complete Diversity Authority

Answer 9

Strawbridge v. Curtis

Question 10

Diversity Test- Individual

Answer 10

Domicile and intent to remain indefinitely

Question 11

Diversity Test- Corporation

Answer 11

State of Incorporation and State of “Principle Place of Business”

Question 11

Nerve Center Test

Answer 11

Hertz case. The location of where the principle place of business occurs.

Question 12

Diversity Test- Partnership

Answer 12

State of all partners

Question 13

Aggregation - 1p v. 1d

Answer 13

can aggregate

Question 14

Aggregation 2p (separate and distinct claims) v. 1 d

Answer 14

can not aggregate

Question 15

Aggregation 1p v. 2d (separate and distinct claims)

Answer 15

can not aggregate

Question 16

Aggregation Multiple p v 1d

Answer 16

can aggregate if it is a single intrest

Question 17

Aggregation 1 p v. multiple d

Answer 17

can aggregate if it is a single common interest

Question 18

Supplemental Jurisdiction Constitutional Authority

Answer 18

Article III Section 2

Question 19

Supplemental Jurisdiction Statutory Authority

Answer 19

28 U.S.C. 1367

Question 20

28 U.S.C. 1367 (a)

Answer 20

claims so related to the other claims that fall within original federal jurisdiction

Question 21

28 U.S.C. 1367 (b)

Answer 21

in claims that only have federal jurisdiction because jurisdiction, the court will not have jurisdiction if the plaintiffs bring in parties under rule 14, 19, 20, or 24

Question 22

28 U.S.C. 1367 (c)

Answer 22

courts have the write to decline supplemental jurisdiction if (1) novel or complex issue of state law (2) claim substantially predominates over the claim where the court had jurisdiction, (3) district court dismissed all claims over which it has original jurisdiction (4) exceptional circumstance

Question 23

United Mine Work v. Gibbs

Answer 23

1367 (a)- claim arise from common nucleus of operative fact

Question 24

Removal Statutory Authority

Answer 24

28 U.S.C. 1441

Question 25

28 U.S.C 1441 (a)

Answer 25

district courts may remove any civil action where they have original jurisdiction except (

Question 26

28 U.S.C 1441 (b) (1) and (2)

Answer 26

the defendant must file a notice of removal within 30 days of being served the initial pleading