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
