Subject Matter Jurisdiction

Question 1

Subject matter jurisdiction refers to the court’s authority to adjudicate based on
the ____ and in some cases, ____.

Answer 1

(1) type of case
(2) the dollar amount in controversy

Question 1

Under Article III, federal courts have subject matter jurisdiction over two primary types of cases:
(1) ____
(2) ____

Answer 1

(1) Federal question
(2) Diversity of citizenship

Question 2

The statute dealing with general federal question jurisdiction is ____.
It provides that federal courts have jurisdiction over any civil action ____ of the United States.

Answer 2

(1) 28 U.S.C. § 1331
(2) arising under the Constitution, laws, or treaties

Question 3

In addition to the general federal question provisions in 28 U.S.C. § 1331, there are specific statutes on federal question jurisdiction, including actions against (name three):

Answer 3

(1) foreign states, (2) admiralty, (3) patents, (4) civil rights, (5) consuls, (6) internal
revenue, and (7) United States as plaintiff or defendant

Question 4

Diversity jurisdiction is covered by (1) ____. That statute provides that federal courts have subject matter jurisdiction over claims between (2) ____, or
between (3) ____ and ____,
where the amount in controversy (4) ____.

Answer 4

(1) 28 U.S.C. §1332
(2) citizens of different states
(3) state citizens … foreign citizens
(4) exceeds $75,000

Question 5

Although the Constitution requires only ____ diversity, 28 U.S.C. § 1332 requires ____ diversity. This means that all plaintiffs must have different citizenship than all defendants.

Answer 5

(1) partial
(2) complete

Question 6

For diversity purposes, a corporation has two citizenships, which are:
a. ____
b. ____

Answer 6

(1) state of incorporation
(2) principal place of business

Question 7

A corporation’s principal place of business is defined as its ____.

Answer 7

nerve center

Question 8

For diversity purposes, partnerships have the citizenship of ____.

Answer 8

all the partners

Question 9

Under the St. Paul Mercury test, the amount in controversy is determined by plaintiff’s ____.

Answer 9

good faith pleading

Question 10

In achieving the amount in controversy, may Plaintiff aggregate (yes or no):

a. all of Plaintiff’s claims against one defendant? ____
b. alternate theories of recovery for the same wrong? ____
c. claims of different plaintiffs? ____
d. claims against different defendants? ____

Answer 10

(1) Yes
(2) No
(3) No
(4) No

Question 11

In some cases, a related claim that lacks diversity or federal question jurisdiction may be included. This is called ____.

Answer 11

supplemental jurisdiction

Question 12

Federal courts traditionally abstain from
(1) ____, (2) ____ and ____.

Answer 12

(1) family law
(2) probate and state criminal proceedings

Question 13

If plaintiff has filed his action in state court, and jurisdiction is proper in federal
court, defendant may remove the case to federal court.
This is done by filing a
(1) ____ in federal court, attaching a copy of (2) ____ and (3) ____ to the state court and all parties.

Answer 13

(1) Notice of removal
(2) all state court pleadings
(3) giving notice

Question 14

If there is a ____ defect in the removal, the case must be remanded to
state court no matter when the objection is made.

Answer 14

jurisdictional

Question 15

If there is a ____ defect in the removal, the case must be remanded to state
court if a ____.

Answer 15

(1) procedural
(2) proper and timely objection is filed

Question 16

State court subject matter jurisdiction is governed by ____.

Answer 16

state law

Question 17

In state courts, subject matter jurisdiction is designated by ____ and/or ____.

Answer 17

(1) type of case
(2) dollar amount

Question 18

Federal courts have ____ jurisdiction over patent claims. Federal and state court share ____ jurisdiction over ____.

Answer 18

(1) exclusive
(2) concurrent
(3) federal civil rights actions

Question 19

A court has ____ jurisdiction if it is the required forum at the beginning of the case. A court has ____ jurisdiction if it may adjudicate a case only after it has been heard in a lower court.

Answer 19

(1) Original
(2) Appellate

Question 20

A federal district court has ____ jurisdiction over a dispute filed there and raising a federal question, and ____ jurisdiction over appeals from Texas state agency decisions.

Answer 20

(1) Original
(2) Appellate

Question 21

A federal district (trial) court has ____ jurisdiction over appeals from federal administrative agency decisions.

Answer 21

appellate

Question 22

The United States Supreme Court has ____ jurisdiction over disputes between states.

Answer 22

original