Subject Matter Jurisdiction Flashcards Preview

Civ Pro (Bar Exam) > Subject Matter Jurisdiction > Flashcards

Flashcards in Subject Matter Jurisdiction Deck (17):


A court’s competence to hear and determine cases of the general class and subject to which the proceedings in question belong
1. Federal Question Jurisdiction
2. Diversity Jurisdiction
3. Supplemental Jurisdiction
4. Removal Jurisdiction
5. Legislative Jurisdiction


Can SMJ be waived?



When can SMJ be raised?

Anytime by any party...even Plaintiff


Federal Question

Exists for Plaintiff claims that arise under Federal Law. (federal defense doesn’t matter) “Well-Pleaded complaint rule”
• No amount in controversy requirement


Diversity Jurisdiction

Parties to an action are:
• Citizens of different states
• Citizens of a state and citizens or subjects of a foreign state
• Citizens of different states and citizens or subjects of a foreign state are additional parties
• A foreign state as plaintiff and citizens of a state or different states


Diversity Jurisdiction - Amount in Controversy

Must exceed $75,000 not including interest and costs


What is excluded from Diversity Actions?

Domestic Relations and Probate matters


Complete Diversity

Every citizenship represented on P’s side must be different from every citizen on the D’s side. (multiple Ps can be from the same state.)


Minimal Diversity...when is it OK?

Class actions with AIC over $5,000,000. Plaintiff can be diverse from any defendant, not ALL defendants.

Also ok with federal interpleader act & inter-state mass tort claims (i.e. airline crash)


When must diversity exist?

When the complaint is FILED.



Where the party is domiciled. If representing decedent's estate, it's where the decedent was domiciled at death. If representing an infant, it's infant's domicile.

-Corporations = State of Incorporation AND the state of its principal place of business.

-Unincorporated Associations= every state its members are citizens.


Is moving permitted?

Yes, even for diversity purposes, so long as change in domicile is genuine and not a sham.


Aggregating Claims to exceed the $75,000 AIC

OK if 1 plaintiff v. 1 defendant.

• 1P v. Multiple Ds: if Ds are jointly liable, then P can aggregate and treat as if it’s one D Otherwise P cannot add up his claims against multiple Ds.

Multiple Ps: Each P’s claim must meet AIC


Aggregating Claims for Multiple Plaintiffs and Supplemental Jurisdiction

o if one P has a claim exceeding 75k, the claims of the additional P’s can be heard regardless of the amount if the claims:
-Arise out of the same transaction or occurrence AND
-Complete diversity is maintained



By a defendant against a Plaintiff is not counted for the purposes of determining whether P has met the statutory jurisdictional amount.


Compulsory Counterclaim

Claim arising out of the same transaction or occurrence = does not need to meet the $75,000 AIC amount


Permissive Counterclaim

Claim arising out of a transaction unrelated to the P’s claim = does have to meet the $75,000 AIC amount.