Subject Matter Jurisdiction

Question 1

What is the basic idea of SMJ?

Answer 1

SMJ is the court’s power of the CASE, not the parties.

Question 2

Cases that state courts cannot hear

Answer 2

Patent infringement, bankruptcy, some federal securities, and antitrust claims. Otherwise, most cases arising under federal law can be heard by state courts

Question 3

Two types of cases that can be heard in federal court

Answer 3

1. Federal question jurisdiction
2. Diversity of citizenship jurisdiction

Question 4

Can a lack of SMJ be waived?

Answer 4

Unlike a lack of PJ, no!!! If a case does not invoke federal SMJ, a federal court cannot hear the case. if it does, the judgment is void

Question 5

Diversity Jurisdiction: 2 Requirements

Answer 5

1. The case is either between (a) citizens of different US stages [diversity] or (b) a US citizen and a citizen of a foreign country [alienage]; AND
2. The amount in controversy exceeds $75,000

Question 6

Citizenship Requirements: Who are the right kinds of litigants (complete diversity rule)

Answer 6

Diversity does not exist if any P is a citizens of the same state as any D. Whether there is diversity is determined when the case is filed

Question 7

Citizenship of a Natural Person (Human)

Answer 7

The citizenship of a person in the US is the ONE U.S. State in which she is domiciled.

Question 8

How to establish new domicile?

Answer 8

1. Physical presence in the new domicile AND
2. Intent to make that place your home for the indefinite future

Question 9

Citizenship of a corporation

Answer 9

A corporation is a citizen of ANY state or country in which it is incorporated and of the one state or country in which it has its principal place of business

Question 10

Citizenship of unincorporated association (partnership, LLC, etc.)

Answer 10

An unincorp. assoc. takes on the citizenships of ALL of its members!

If limited partnership, both general and limited partners

Question 11

Citizenship of Decedents, Minors, and Incompetents

Answer 11

Must be sued through a representative but you use citizenship of the decedent, minor, or incompetent

Question 12

Class Actions Citizenship

Answer 12

The citizenship is of the named representative(s) of the class

Question 13

Amount of Controversy Requirement

Answer 13

Must EXCEED $75,000.

If exactly $75k, no dice.

Only the claim itself is considered, not things like litigation costs or interest on the claim.

Question 14

Can a Plaintiff aggregate claims to meet the amount in controversy requirement?

Answer 14

Yes! Any P can aggregate all her claimd against a single D. No limit and mustn’t be related to each other

Question 15

Joint Claims re: Amount in Controversy Requirement

Answer 15

You use the total value of the claim. THe number of parties is irrelevant

Question 16

Equitable Relief re: Amount in Controversy Requirement

Answer 16

Two Tests:

1. P’s viewpoint: if granted, does equitable relief granted value more than $75k?
2. D’s viewpoint: If granted,w ill relief cost the D more than $75k?

Question 17

Exclusions from Diversity Jurisdiction

Answer 17

Divorce, alimony, child custody, and actions to probate an estate

Question 18

Changes of Citizenship

Answer 18

A P may create diversity by changing her state citizenship after the cause of action accrued but before suit commenced if genuine!

Collusive changes of citizenships are a no-go, however

Question 19

Federal Question Requirement

Answer 19

The Plaintiff’s claim must “arise under” federal law. THe pleader must submit a “well pleaded complaint” and be enforcing a federal right

Question 20

What is removal?

Answer 20

If a P sues a D in state court, but the D would prefer to litigate in state court, the D might be able to “remove” the case to federal court

Generally, a case may be removed when the case could have been filed in federal court (i.e. federal question or diversity jurisdiction exists)

Question 21

What is remand?

Answer 21

If removal was improper, the federal court can “remand” the case to state court

Question 22

How is a case removed?

Answer 22

A D files a “notice of removal” in federal court, stating grounds of removal. Permission of state or federal court not required.

D “promptly” serves a copy of the “notice of removal” on adverse parties and files a copy of the “notice of removal” in STATE court.

Question 23

Timing of Removal?

Answer 23

The D must remove no later than 30 days after service. Usually, that means no later than 30 days of service of process

Question 24

Who must join in removal?

Answer 24

All Ds who have been served with process

Question 25

Can a Plaintiff remove?

Answer 25

NEVER!

Question 26

Limitations to Removing a Case based solely on diversity?

Answer 26

1. If a D is a citizen of the forum state? 2. More than one year after case was filed in state court

Question 27

Removal Venue?

Answer 27

The D removes to the federal district court "embracing" the state court where the case was filed. It does not matter if this venue would have been rpoper under the venue statutes

Question 28

Remand Requirements

Answer 28

If a P feels the case should not been removed, she moves to remand to state court. If motion to remand is based on reason other than lack of SMJ, she must move to remand no later than 30 days after filimg of notice of removal. If removal improper because federal court lacked SMJ, there is no time limit on ordering remand. Remember, an objection to SMJ is never waived, and a court without SMJ is powerless to act on the case.

Question 29

What is supplemental jurisdiction?

Answer 29

Supplemental jurisdiction is a form of federal SMJ, however, instead of getting a case into federal court, it gets CLAIMS into a federal case, even though the claims cannot use diversity or FQ jurisdiction

Question 30

Requirement for supplemental jurisdiction?

Answer 30

The case must already be pending in federal court. I.e., there must be something to "supplement" AND the federal court must have SMJ over every single claim in a case!

Question 31

Supplemental Jurisdiction analysis

Answer 31

Step 1: Check for Diversity or FQ Jurisdiction over the additional claim. If an additional claim satisfies either, it can be heard in the federal court case Step 2: Check for Supplemental Jurisdiction if No Diversity of FQ.

Question 32

Supplemental Jurisdiction: How to get the claim into federal court, i.e., big requirement/rule?

Answer 32

Common Nucleus Test: the claim must share a "common nucleus of oeprative fact" with the claim that satisfied federal SMJ

Question 33

Limitation on Supp. Jurisdiction in Diversity Cases

Answer 33

SJ statute excludes certain claims even though they meet the common nucleus test. But, this limitation applies only in cases that got into federal court through diversity jurisdiction, not FQ In diversity cases, claims by Ps generally cannot invoke supplemental jurisdiction EXCEPT when there are multiple Ps, and the claim by one of them does not meet the amount in controversy requirement Limitation generally does not apply to Defendants and non-Plaintiffs!