Subject Matter Jurisdiction

Question 1

To hear a case, a federal court must have what types of jurisdiction?

Answer 1

1. SMJ and
2. PJ

Question 2

What are the types of federal subject matter jurisdiction?

Answer 2

1. Federal Question
2. Diversity
3. Supplemental
4. Removal

Question 3

Subject Matter Jurisdiction

Answer 3

Courts power over subject matter of suit

• Fed. Ct. is court of limited jurisdiction,
• case must fall within express stated category of Article III.
• (I) Fed Q or (2) Diversity

Question 4

Federal Question Jurisdiction - Elements

Answer 4

1. A well pleaded complaint AND
2. Federal Question is in dispute

Question 5

Federal Question - Well Plead Complaint Rule

Answer 5

What one would naturally & appropriately plead in complaint

• Consider only elements of the claim, NOT anticipatory defenses based on federal law
• Don’t consider answers or counterclaims
• Not State Laws incorporating Federal Std. - Arises under state law not Fed. Law

Question 6

Exclusive Federal Question Jurisdiction

Answer 6

Arise under Copyright Act & Patent Act

Question 7

Diversity of Citizenship Jurisdiction

Answer 7

∏ must show:

(1) complete diversity of citizenship &
(2) AIC satisfied (exceeds $75 K)

Question 8

What is complete Diversity ?

Answer 8

No P and D are citizens of the same state

• Diversity is determined by where P is domiciled at the commencement of the suit (Day action filed)

Question 9

Citizenship of Individuals

Answer 9

Domicile (Can Only have 1 - True, fixed, perm. home), not residence

Elements

1. Physical Presence in state, and
2. Intent to remain for indefinite future - determined by subj. intent of person
   
   • Court considers voting, car registration, paying of taxes, family, etc.

Question 10

Citizenship of Corporations

Answer 10

Citizen where (Can have more then 1):

1. State of incorporation, and
2. Principal Place of Business (Nerve Center) - Where officers conduct executive decisions

Question 11

Citizenship of Unincorporated Associations

Answer 11

Citizenship of every individual member

Question 12

Citizenship - Representative Actions

Answer 12

Historically - Citizenship of the Representative

• Minors, Incompetents & Decedents - Citizenship of the Represented Party NOT representative
• Class Action - Citizenship of the named members of the class

Question 13

Citizenship of US citizen domiciled abroad

Answer 13

Can’t be sued/sue under Div. Juris. of Fed. Ct. MUST be heard in state court

Question 14

Citizenship of Permanent Resident Alien

Answer 14

Citizen of state where domiciled

Question 15

Alienage Jurisdiction

Answer 15

Ct has diversity jurisdiction between citizen & Alien NOT b/w 2 aliens

Question 16

Amount in Controversy

Answer 16

∏ must have GF claim (financial injury) that exceeds $75K exclusive of int. & costs

• Good Faith Requirement - There must be some possibility of recovering over $75K
• Dismissed if there’s a legal certainty that claim will NOT exceed $75K

Equit. Relief - Injunction, valued at (1) value of harm to ∏ or (2) Cost of compliance for ▵

Question 17

Can plaintiffs add claims together to meet the AIC requirements ?

Multiple Plaintiffs

Answer 17

Aggregation of Claims

• Multiple ∏s - No, each must have a claim that exceeds $75K
  
  • Exception: Joint Interests (Joint Ownership)

Question 18

Can plaintiffs add claims together to meet the AIC requirements ?

Plaintiff has multiple claims against single Defendant

Answer 18

∏ has mult. claims against single ▵ - Can add claims together to meet AIC requirement

Question 19

Can plaintiffs add claims together to meet the AIC requirements ?

Plaintiff has multiple claims against multiple Defendants

Answer 19

∏ has claims against Multiple ▵s - ∏ can’t aggregate claims against multiple ▵s

Question 20

What type of cases wont federal court hear ?

Answer 20

Fed. court won’t hear

(1) Divorce,
(2) Alimony,
(3) Child Cust.,
(4) Probate of Estate

Question 21

What does Supplemental Jurisdiction allow?

Answer 21

A claim falling outside of federal question or diversity jurisdiction (e.g. st. law claims)

• Can piggy back on a claim that does have federal jurisdiction

Question 22

What are the steps to evaluating supplemental jurisdiction?

Answer 22

1. Does the claim seeking SJ arise from the same trans. or occurrence as another claim falling w/in Fed. Q or Div.
2. If the anchor claim is there in diversity
   
   • P can’t use SJ to sue third party D or stacked parties
3. Fed. Court may decline jurisdiction if:
   
   1. Sup. claim involves a novel or complex state law issue
   2. Supp. claim subst. predominates over the fed. quest. or div. claim
   3. The court has dismissed the anchor claim
   4. In exceptional circ., where other compelling reasons exist

Question 23

What is the test for Supplemental Jurisdiction ?

Answer 23

Test - Claim must share a common nucleus of operative fact w/ claim that satisfied Fed. SMJ & got case into federal court

• Common Nucleus of Op. Fact - Additional claim arises out of the Same transaction or occurrence

Question 24

What are the types of Supplemental Jurisdiction ?

Answer 24

1. Pendant Jurisdiction AND
2. Ancillary Jurisdiction

Question 25

What is Pendant Jurisdiction?

Answer 25

∏ asserts proper claim & attaches another claim that has no basis for juris * If additional claim would destroy complete diversity in Diversity Case - NO Supp. Juris. * ∏ can use supplemental jurisdiction to meet the AIC requirement in Diversity case

Question 26

What is Ancillary Jurisdiction?

Answer 26

Claims asserted by ▵ or additional Parties that don’t have independant basis for juris. * No limitations - Any Party other then ∏ can overcome lack of complete diversity or AIC in Diversity & Federal Question cases

Question 27

Supplemental Jurisdiction - Court Discretion

Answer 27

Fed. Ct. can decline to exercise Supplemental Juris. if: 1. State law claim predominates 2. Complex claim of state law 3. Original claim dismissed, or 4. Other compelling reasons or exceptional circumstances

Question 28

How is subject matter jurisdiction waived?

Answer 28

Can't be wiaved or agreed to by the parties

Question 29

What is the key inquiry in federal question jurisdiction?

Answer 29

Is there a federal question in the plaintiff's complaint ?

Question 30

For diversity actions, when is citizenship measured?

Answer 30

Citizenship is measured at the time of filing

Question 31

When is complete diversity not required for diversity jurisdiction?

Answer 31

in class action lawsuits if: 1. There are more than 100 members in the P's class 2. AIC is greater than 5 million dollars AND 3. Any single member of the class is diverse from any single D

Question 32

How does an amended complaint impact diversity ?

Answer 32

Diversity is re-evaluated at the time of the amendment

Question 33

Where is a corp.'s principal place of business?

Answer 33

Where the executives do their bus. * Nerve center test

Question 34

Diferentiate b/w SMJ, PJ and Venue

Answer 34

* SMJ - whether you can sue in fed court * PJ - The state where you can sue * Venue - What judicial district you can sue in