Subject Matter Jurisdiction Flashcards
(20 cards)
State courts have
very broad subject matter jurisdiction
Constitutional requirement for Diversity
Complete diversity
Most common test for where people are domiciled
Where they are and intend to remain indefinitely
When is citizenship determined
at time complaint is filed
Corporations are domiciled where
it is incorporated and principal place of business (1332c)
Statutory requirment for Diversity
Claim must be for more than $75,000
When can claims be aggregated to meet amount in controversy
when it is a single P and a single D
When is amount in controversy determined
At the time the complaint is filed
How to know when amount in controversy is not met
Must be clear to a legal certainty they cannot recover more than $75,000
Constitutional element of Federal Question is met when
Osborn: there is a federal ingredient
Mottley: Look at elements necessary for P to state their cause of action and the claim must arise under federal law
- P’s statement must be based on federal law not including possible defenses
Creation Test: Federal law creates the cause of action
Cannot be based on counterclaim
Statute gives federal question jurisdiction
Broad jurisdiction
- 1331
Declaratory judgment requirement for federal question
Look at the possible lawsuit from the prospective P and decide if it is a federal question
Removal rule
1441a
- D can remove any civil action brought in state court when the federal court would have had subject matter jurisdiction in the district encompassing the district and division where the action is pending
Where is removal filed
state court where action is pending
Removal must be filed within (for federal question)
30 days of the pleading that establishes federal question jurisdiction
- 1446b
Removal must be filed within (for diversity)
1 year of the commencement of the state action
Removed case automatically
Goes to federal court to decide the case or decide if it is within their jurisdiction
- 1446d
Removal rule if a defendant is added later
They have 30 days from being served to remove if the other defendants approve
- 1446b2
After a case is removed P can
file to remand stating issues with anything other than subject matter jurisdiction
- 1447c
In-state defendant rule is only applicable when
the basis of removal is diversity only
- 1441b2
