Subject Matter Jurisdiction (SMJ) Flashcards
(32 cards)
What are the three types of subject matter jurisdiction?
- Diversity
- Federal Question
- Supplemental
What are the requirements for diversity jurisdiction? (2)
- Suit between citizens of different states or alienage
- Amount in controversy greater than $75,000
What constitutes complete diversity?
No P is a citizen of the same state as any D (But both are citizens of some U.S. state (incl. D.C.))
What is alienage?
A citizen of a state against a citizen of another country
(The citizen of another country is not a resident of the same state as any P)
What is the difference between federal and state courts in subject matter jurisdiction?
State courts are courts of general jurisdiction
Federal courts are courts of limited jurisdiction - need specific/subject-matter jurisdiction
What cases cannot be heard in state courts?
Cases arising under certain federal laws
(e.g., patent infringement, bankruptcy, some securities and antitrust)
How do you establish a domicile?
Physical presence in the state WITH the intent to remain indefinitely
What are the four citizenship rules?
(Person)
(Corp.)
(Unincorporated Assoc.)
(Decedents/ minors/ incompetents)
Person: the U.S. state of that person’s domicile
Corporation: (1) state or country where incorporated; and (2) the state or country of its principal place of business
Unincorporated Association: Citizenship of all its members
Decedents, minors or incompetents: Representative’s citizenship is irrelevant; use the citizenship of the decedent, minor, or incompetent
What is included in amount in controversy?
- Compensatory damages,
- nominal damages,
- punitive damages (if recoverable), AND
- equitable relief (if existing)
When do you test for diversity?
At the time the claim is filed
What is the principal place of business?
Where managers direct, coordinate, and control corporate activities (“nerve center”)
How is amount in controversy measured for equitable relief?
Either:
- Plaintiff’s viewpoint–does the act or thing at issue decrease the value of plaintiff’s land, business, etc., by more than $75,000?
- OR- - Defendant’s viewpoint–would it cost defendant more than $75,000 to comply with the injunction?
What cases do federal courts REFUSE to hear?
(Exhaustive list)
- Divorce,
- alimony,
- child custody, and
- Cases where they are called to probate an estate
What happens if P recovers less than $75,000?
Amount in controversy still okay
May have to pay D’s litigation costs (basic expenses of litigation like filing and discovery fees, NOT attorney’s fees)
What are the aggregation requirements?
Needs to be the claims of one plaintiff versus one defendant
Can be factually unrelated claims
What is the well-pleaded complaint rule for federal question?
Must show that the claim itself arises under federal law;
Is not applicable if the federal law mentioned is merely anticipating a defense
(Ask: is the plaintiff enforcing a federal right?)
What is “the test” for supplemental jurisdiction?
Must share “common nucleus of operative fact” (Always satisfied when same transaction or occurrence)
What is the limitation on supplemental jurisdiction?
The supplemental jurisdiction claim is by the plaintiff
Asserting a claim against a co-citizen (limitation only for diversity jurisdiction cases)
Is the supplemental jurisdiction mandatory?
No, it is discretional
Can decline supplemental jurisdiction if:
- State law claim is complex;
- State law issues would predominate in the case; OR
- Underlying claim is dismissed early in the case
What is removal?
D transfers the case from a state trial court to a federal trial court
What cases can be removed?
Any case that meets the requirements for diversity or federal question jurisdiction
What are the exceptions to removal?
Only apply if removing on the basis of diversity.
No removal if D is a citizen of the forum (instate D rule)
No removal more than one year after the case was filed in state court (can be allowed later if federal judge finds bad faith on the part of P)
What court is the case removed to?
The federal district court embracing the state court where the case was filed
How do you remove a case? (4 steps)
- D files a notice of removal in federal court stating grounds for removal (subject matter jurisdiction)
- D attaches all documents served on her in state action
- D serves a copy of the notice of removal on adverse parties
- D files a copy of the notice of removal in state court
