1) Subject Matter Jurisdiction

Question 1

4 kinds of smj

Answer 1

1) federal q
2) diversity
3) supplemental
4) removal

Question 2

smj: source

Answer 2

congress

Question 3

smj: def

Answer 3

power of fed court over case (fed courts have limited j. from const and fed statutes, vs. state courts = general j.)

Question 4

fed question j: rule

Answer 4

fed courts empowered to hear claims presenting question of federal law

Question 5

federal law: def

Answer 5

fed constitution, statutes/treaties, fed CL (rare)

Question 6

fed q j: consider

Answer 6

1) well pleaded complaint rule

2) embedded claims (twinkie)

Question 7

well pleaded complaint rule: rule

Answer 7

fed q j only works if the fed q arises w/in P’s affirmative claim (NOT D’s defenses. NOT just bc P mentions an argument involving federal law in her complaint–must be COA)

Question 8

federal question embedded in state law claims: rule

Answer 8

fed question CAN involve state + fed law. It’s allowed if (factors)

Question 9

fed q: embedded claims: factors

Answer 9

fed part is:

1) necessarily raised
2) actually disputed
3) substantial
4) capable of resolution in fed ct w/o disrupting fed-state balance

Question 10

diversity j: rule

Answer 10

diversity action is claim

1) btwn citizens of different states (OR: US citizen + alien)
2) for amt in controversy over 75k
3) diversity must be complete

Question 11

diversity j: timing of when citizenship measured

Answer 11

1) when complaint filed (so move doensn’t matter)

2) could arise later if cmplt amended to add/dismiss a party

Question 12

diversity: complete diversity: exception

Answer 12

class actions:
if class has 100+ ppl and amt in controversy $5M+, diversity only needs to be MINIMAL, not complete

Question 13

diversity: class actions: minimal diversity (Def)

Answer 13

any single member of the class is diverse from any single D

Question 14

diversity: citizenship rule: people

Answer 14

the state in which he
1) resides, and
2) intends to remain indefinitely
(can only be 1 at a time)

Question 15

diversity: citizenship rule: people: wanderer rule

Answer 15

citizenship dn change until PLANTS ROOTS in new state by residing there + intending to remain indefinitely

Question 16

diversity: citizenship rule: corporations

Answer 16

corporation is citizen of:

1) state(s) in which incorporated AND
2) state in which has “principal place of business”

Question 17

diversity: citizenship rule: corporations: “principal place of business” def

Answer 17

place from which corp’s senior officers direct the activities of the corp (brains, NOT brawn)

Question 18

diversity: citizenship rule: is it a…

Answer 18

1) person
2) corporation
3) unincorporated association

Question 19

diversity: citizenship rule: unincorporated associations: def

Answer 19

if not a corp or person, then is unincorporated assn

Question 20

diversity: citizenship rule: unincorporated associations: examples

Answer 20

unionsLLCs
partnerships
sole proprietorship

Question 21

diversity: citizenship rule: unincorporated associations: rule

Answer 21

citizenship of an unincorporated assn = the citizenship of every member

Question 22

diversity: citizenship rule: people: representatives: example

Answer 22

person has personal rep when:
minor
deceased
lacks capacity

Question 23

diversity: citizenship rule: people: representatives: rule

Answer 23

citizenship of the INCAPACITATED PERSON controls, not the rep

Question 24

diversity: amt in controversy: how much?

Answer 24

EXCEED $75k (75.01)

Question 25

diversity: amt in controversy: how determine (rule)

Answer 25

1) court will defer to P’s allegation of her financial injury UNLESS it appears “to a legal certainty” that such allegations are incorrect
2) doesn’t matter how much P actually recovers as long as more than 75 k was pled at the outset IN GOOD FAITH

Question 26

diversity: amt in controversy: aggregation

Answer 26

ok to aggregate multiple claims btwn same P and D (even if unrelated)

BUT can’t aggregate P’s claims against several Ds, or several Ps’ claims against same D

Question 27

sup j: general rule

Answer 27

a supplemental claim can “piggyback” onto an anchor claim that has either fed q or div j

Question 28

sup j: steps

Answer 28

1) related?
2) sneaky Ps? (diversity only)
3) state prerogatives

Question 29

sup j: steps: 1) relatedness

Answer 29

sup claim must ARISE FROM THE SAME TRANSACTION OR OCCURRENCE as anchor claim

Question 30

sup j: steps: 2) sneaky Ps

Answer 30

1) only consider if anchor claim is diversity j

2) if an ORIGINAL P is now making supplemental claim against a party brought in by joinder rules

Question 31

sup j: sneaky Ps: situations where someone brought in by joinder rles

Answer 31

1) 3Ds

2) stacked Ds

Question 32

sup j: steps: 3) state prerogatives (def)

Answer 32

court has DISCRETION to decide whether to take a case that might interfere w state’s traditional prerogative to decide state law.

Question 33

sup j: steps: 3) state prerogatives: factors

Answer 33

(court's discretion always)
does the sup caim have:
1) novel and complex issue of state law
2) substantially predominates over anchor claim?
3) court has dismissed anchor claim?
4) other compelling reasons

Question 34

removal: who can do it?

Answer 34

Ds only, not Ps!

Question 35

removal: rule

Answer 35

removal j. lets fed ct hear case orig filed in state court IF
case could have orig been filed in fed ct

Question 36

removal: note

Answer 36

has to be P’s orig claims. Can’t decide based on counterclaims, cross claims, or impleader claims

(so even if D could have filed in fed ct if he had filed his claims first…can’t nec remove)

Question 37

removal: exception

Answer 37

“home state D rule”:
D can’t remove case if:
1) fed j would only be based on diversity AND
2) D is a citizen of the state where P filed suit

Question 38

removal: home state D rule: EXCEPTION

Answer 38

(E2E) dn apply in certain class actions

Question 39

removal: multiple Ds (rule + exception)

Answer 39

removal only permitted if ALL Ds AGREE 
(except: certain class actions)

Question 40

removal: timing: 2 rules

Answer 40

1) D must remove w/in 30 days of when grounds for removal became apparent
2) if based on diversity, must remove w/in 1 year of FILED (unless P attempted to thwart removal) (comes up when P changes claims/parties later)

Question 41

removal: timing: “when grounds for removal became apparent” def

Answer 41

usu D being SERVED

could be later if P amends claim (dif parties, amt, etc)

Question 42

removal: timing: multiple Ds

Answer 42

30 day window starts when LAST D served. But someone whose window is open has to file the notice (other Ds can still join it)