Subject Matter Jurisdiction

Question 1

Federal Question Jurisdiction

Answer 1

The claim or cause of action arises under the US Constitution, Federal law, or a Treaty. One of those is necessary to resolving the issue posed by a well-pleaded complaint.

Question 2

Diversity Jurisdiction

Answer 2

Requires complete diversity between the plaintiffs and defendants, and an amount more than $75,000 in controversy as set out in a good faith pleading.

Question 3

Corporate Domicile

Answer 3

Includes both their state of incorporation and those states in which they operate as a principal place of business.

Question 4

Aggregation of Claims

Answer 4

To reach the $75,000 amount, plaintiff can aggregate all claims against one defendant and all claims against jointly and severally liable multiple defendants, but not separate claims against multiple defendants.

Question 5

Supplemental Jurisdiction, Definition

Answer 5

There is supplemental jurisdiction in Federal Court to hear a state claim arising out of the same transaction or occurrence as the Federal claim.

Question 6

Supplemental Jurisdiction, Test

Answer 6

The technical test is that the two claims must derive from a common nucleus of operative fact and a plaintiff would ordinarily be expected to try them all in one judicial proceeding.

Question 7

Supplemental Jurisdiction Over Third Party Claims

Answer 7

Parties other than plaintiffs who assert claims (cross-claimants, counterclaimants) can invoke supplemental jurisdiction in any federal question or diversity case if the claims arise out of the same transaction or occurrence as the original claim.