Subject Matter Jurisdiction Flashcards
(44 cards)
What are the five most common congressional grants of subject matter jurisdiction.
- Federal question 2. Diversity 3. Supplemental 4. Removal 5. Legislative
Can subject matter jurisdiction be waived?
No
When can subject matter jurisdiction be objected to?
At any stage of a proceeding, including on appeal, or by the court. There is one exception: if the issue of subject matter jurisdiction wasn’t previously contested, then a judgment may not be challenged collaterally on that basis.
When can subject matter jurisdiction NOT be objected to?
If the issue of subject matter jurisdiction wasn’t previously contested, then a judgment may not be challenged collaterally on that basis.
What if there is a similar action pending in state court?
Usually, a federal court with subject matter jurisdiction still has to adjudicate the controversy.
When can a court with subject matter jurisdiction abstain from hearing a case? Four reasons:
- Resolution of a state law issue by a state court would ELIMINATE the need for the federal court to decide a federal constitutional issue. 2. To AVOID federal involvement with a complex state regulatory scheme or matter of great importance to the state. 3. The federal court is being asked to ENJOIN punishment of an individual for criminal activity, contempt of court, or a civil fine. 4. It’s a parallel proceeding that goes beyond the WASTE of resources.
What is the textual “arising under” basis for federal question jurisdiction?
Article III, Section 2: Federal district “courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”
What is a well-pleaded complaint?
A well-pleaded complaint will present a federal law issue as a necessary element of the plaintiff’s cause of action.
What is the textual basis for diversity jurisdiction?
Article III, Section 2
What are the different kinds of diversity actions?
- Citizens of different states 2. Citizens of a state and citizens of a foreign state 3. Foreign state (as plaintiff) against citizens of states
What areas of law of usually excluded from diversity jurisdiction?
- Probate matters 2. Domestic relations (divorce, alimony, custody disputes)
When can class actions satisfy only minimal diversity?
For certain class actions in which the amount at issue totals more than $5,000,000, diversity will be met if any member of the plaintiff class is diverse with any defendant.
When is diversity determined?
Diversity is determined at the time the case is filed.
What makes someone a citizen of a state?
To be a citizen of a state, an individual must be a citizen of the United States and a domiciliary of the state.
What makes someone a domiciliary of a state?
An individual is a domiciliary of the state in which she is present and intends to reside for an indefinite period. Someone can only have one domicile.
What are some things that are considered when determining domicile?
Whether someone exercise civil and political rights (e.g., registration to vote), pays taxes, owns real and personal property, and is employed in the state.
What is the citizenship of a representative?
The legal representative of a minor, an incompetent, or an estate of a decedent will be deemed a citizen of the same state as that minor, incompetent, or decedent.
What is the citizenship of a trust?
This is a little up in the air. The old rule was that trusts were deemed to be a citizen of the same state as the trustee. Now it’s possible that diversity can be destroyed if, in a suit against a trust, any beneficiary of the trust is a citizen of the same state as a plaintiff.
What is the citizenship of a child?
An unemancipated minor is generally deemed a citizen of the state in which his parents are domiciled. If a minor’s parents are not citizens of the same state, then the child will generally be deemed a citizen of the state of the parent who has custody.
How do you determine citizenship in a class action?
Diversity in a class action brought pursuant to Rule 23 will generally be determined by the citizenship of the named members of the class bringing the lawsuit. If the amount in controversy is over $5M, though, it’s only required that any plaintiff be diverse from any defendant.
How do you determine citizenship (for a diversity action) for a corporation?
A corporation is a citizen of every state in which it has been incorporated and also of the state where it has its principal place of business. Thus, corporations, unlike individuals, may be citizens of more than one state for diversity purposes.
What is a corporation’s principal place of business (when determining citizenship for a diversity action)?
Principal place of business refers to the “nerve center” of the corporation, which is typically its corporate headquarters.
What is the citizenship of a liability insurer?
§ 1332(c) makes the insurer a citizen of the state or foreign country in which its insured is a citizen, in addition to the other states or foreign countries where it has citizenship.
What is the citizenship or a partnership (or other unincorporated association)?
An unincorporated association, such as a partnership, is considered a citizen of each state in which each of its members is domiciled. There is an exception if “it appears that the representative parties will fairly and adequately protect the interests of the association and its members.”
