Subject Matter Jurisdiction Flashcards
(15 cards)
What is Subject Matter Jurisdiction?
Power of court to hear this type of case
Two Main Types of SMJ
(1) Federal Question Jurisdiction
(2) Diversity Jurisdiction
Pleading SMJ
Basis for federal SMJ must be AFFIRMATIVELY PLEADED in every case
Waiver for Lack of SMJ
Lack of SMJ CANNOT be waived
Objection to SMJ
Lack of SMJ can be raised by ANY PARTY at ANY TIME
Federal Question Jurisdiction: Basis
Exists for a claim that ARISES UNDER FEDERAL LAW
Federal Question Jurisdiction: Well-Pleaded Complaint
P’s claim must be BASED ON FEDERAL LAW
Look at the face of the WELL-PLEADED COMPLAINT
Diversity Jurisdiction: Basis
Federal courts have jx when:
(1) Parties are CITIZENS OF DIFFERENT STATES; and
(2) AMOUNT IN CONTROVERSY EXCEEDS $75,000
Diversity Jurisdiction: Complete Diversity
Every citizenship represented on the P’s side of the case must be different from
every citizenship represented on D’s side
Diversity Jurisdiction: Minimal Diversity
Exists when ANY P is diverse from ANY D, even if other Ps and Ds overlap
Only permitted in following circumstances:
(1) Federal Interpleader Act
(2) Class actions >$5 million
(3) Interstate mass torts if at least 75 natural person have died in one accident and Ps and Ds are from many different states
Diversity Jurisdiction: Time for Determination of Diversity
Diversity must exist WHEN THE COMPLAINT IS FILED
Diversity Jurisdiction: Citizenship of Individuals
Citizen of state or country of DOMICILE
Domicile = residence + intent to remain indefinitely
Diversity Jurisdiction: Citizenship of Corporations
Citizen of:
(1) State(s) in which it is INCORPORATED; and
(2) State where it has its PRINCIPAL PLACE OF BUSINESS (location of executive offices)
Diversity Jurisdiction: Partnerships and Unincorporated Associations
Citizens of EVERY STATE of which its MEMBERS ARE CITIZENS
Diversity Jurisdiction: Devices to Create or Destroy Diversity
Actions that create or destroy diversity are permitted so long as they are not “shams” or fraudulent
