2. Subject Matter Jurisdiction (Due Process Clause 14A)

Question 1

What is required for complete diversity in diversity of citizenship jurisdiction (28 USC Section 1332)?

Answer 1

1) Federal court
2) Complete diversity ‘at time action commenced’

3) Diversity
- ALL plaintiffs v ALL defendants
- US citizen v Alien (NOT domiciled in same state)
- Alien + Citizen v Alien + Citizen
- Individuals (own/parents’ home)
- Corporation (ALL incorporated states/Single PPB state)
- Unincorporated (ALL members - General + Limited partners)
- Minor/Decedent (Estate)/Incompetent (NOT legal rep)
- Class action (Named members - Can change citizenship whenever if genuine + permanent)

Question 2

When can you claim supplemental jurisdiction in diversity of citizenship cases?

Answer 2

Single diversity (one claim, not others)

• Common nucleus of operative fact
• Crossclaims
• Impleader (P vs TP) => Can hear both P vs TP + D vs TP claims

Diversity (all claims)
- Jurisdictional amount < $75,000

NO diversity
- Counterclaims (Compulsory)

Question 3

What is required for jurisdictional amount in diversity of citizenship jurisdiction?

Answer 3

1) Jurisdictional amount > $75,000

2) In controversy
- Attorney’s fees
- Interest (part of claim)
- NOT interest (part of delayed costs)
- NOT costs

3) P’s good faith claim

4) Legal certainty
- NOT judge/jury’s prediction
- NOT actual recovery after case

Question 4

When can you aggregate separate claims in diversity of citizenship jurisdiction?

Answer 4

P’s multiple claims vs D

• X + Y > $75,000
• NOT same t/o

Multiple Ps’ claims vs D/P’s claims vs multiple Ds

1) X + $75,000 > $75,000
2) Same t/o

D’s counterclaim

1) Compulsory (NOT permissive)
2) P’s claim > $75,000
- NOT D’s counterclaim

Question 5

What are exceptions to diversity of citizenship cases?

Answer 5

Child support
Spousal support
Probate proceedings

Question 6

What is required for federal question jurisdiction (28 USC Section 1331)?

Answer 6

1) Federal Court

2) Federal right
- Constitution/Laws/Treaties
- NOT contract/property/tort

3) P’s cause of action
- Corporation (Act of Congress/at least 50% capital owned by state)
- NOT anticipated defence
- NOT existence of defence

Question 7

When can you claim supplemental jurisdiction in federal question cases?

Answer 7

P’s pendent claims vs D (Fed + State claims)

1) Common nucleus of fact
2) P ordinarily expected to sit in one single proceeding

Multiple Ps vs D (pendent parties)
- Common nucleus of fact

P vs Multiple Ds (pendent parties)
- Common nucleus of fact

Question 8

Which type of cases are Federal and State Courts’ jurisdictions exclusive of one another?

Answer 8

Bankruptcy
Patent/Copyright
US involvement
Federal antitrust cases
Removal to Federal Court (foreign case)
IRS case
SEC case
Maritime case