Subject Matter Jurisdiction - General Info Flashcards
1
Q
Who has limited smj?
A
fed courts
2
Q
who has unlimited smj?
A
state courts
3
Q
how must smj be pleaded
A
basis for federal smj must be affirmatively pleaded in every case
4
Q
what if smj is challenged?
A
it must be proved that there is basis for smj
5
Q
Waiver and smj
A
no waiver for lack of smj
lack of smj cannot be waived by failing to object or by affirmative consent
parties cannot agree between themselves to litigate in a court that lacks smj
6
Q
who can lack of smj be raised by
A
any party at any time including: the plaintiff who chose to go to the wrong court, the court itself, anyone for the first time on appeal
