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Flashcards in Subject Matter Jurisdiction Deck (15)
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1

What is Subject Matter Jurisdiction?

Power of court to hear this type of case

2

Two Main Types of SMJ

(1) Federal Question Jurisdiction

(2) Diversity Jurisdiction

3

Pleading SMJ

Basis for federal SMJ must be AFFIRMATIVELY PLEADED in every case

4

Waiver for Lack of SMJ

Lack of SMJ CANNOT be waived

5

Objection to SMJ

Lack of SMJ can be raised by ANY PARTY at ANY TIME

6

Federal Question Jurisdiction: Basis

Exists for a claim that ARISES UNDER FEDERAL LAW

7

Federal Question Jurisdiction: Well-Pleaded Complaint

P's claim must be BASED ON FEDERAL LAW

Look at the face of the WELL-PLEADED COMPLAINT

8

Diversity Jurisdiction: Basis

Federal courts have jx when:

(1) Parties are CITIZENS OF DIFFERENT STATES; and

(2) AMOUNT IN CONTROVERSY EXCEEDS $75,000

9

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

10

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

11

Diversity Jurisdiction: Time for Determination of Diversity

Diversity must exist WHEN THE COMPLAINT IS FILED

12

Diversity Jurisdiction: Citizenship of Individuals

Citizen of state or country of DOMICILE

Domicile = residence + intent to remain indefinitely

13

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)

14

Diversity Jurisdiction: Partnerships and Unincorporated Associations

Citizens of EVERY STATE of which its MEMBERS ARE CITIZENS

15

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