Bar: SMJ and Supp. SMJ

Question 1

Federal Courts have limited SMJ.

The two main types of cases that can be heard in federal court are:

1. ______________
2. ______________

Answer 1

Federal Courts have limited SMJ.

The two main types of cases that can be heard in federal court are:

1. Diversity of Citizenship
2. Federal Question

Question 2

There are two requirements for diversity of citizenship cases:

1. ______________ or ______________
2. ______________

Answer 2

There are two requirements for diversity of citizenship cases:

1. The case is either between citizens of different US states OR between a citizen of a US state and a citizen of foreign country
2. The amount in controversy exceeds $75,000

Question 3

Complete Diversity Rule establishes that there is no Diversity if _____________________.

Answer 3

Complete Diversity Rule establishes that there is no Diversity if any plaintiff is a citizen of the same state as any defendant.

Question 4

If a citizen from another country (alien) is lawfully admitted to permanently reside in a US state, is she considered a citizen of that state?

Answer 4

No.

However, she might invoke alienage (a form of diversity), but not true diversity.

The opposite is also true. If a citizen of a US state moves abroad and resides in another country, that person is not an alien, and may not invoke alienage. Though they may invoke diversity.

Question 5

Everyone has a domicile. And a person may only have one domicile. However, a new domicile may be established (replacing the old one) by:

1. ______________
2. ______________

Answer 5

A new domicile may be established by:

1. Presence
2. Intent to make that place home for the foreseeable future

Question 6

Where is a corporation a citizen?

1. ______________
2. ______________

Answer 6

A corporation is a citizen:

1. In every US state were it is incorporated; and
2. The one US state were the corporation has its Principle Place of Business

Question 7

Where is an unincorporated company a citizen? (ex: LLCs, partnerships, etc.)

____________

Answer 7

An incorporated company is a citizen anywhere one of its members is a citizen.

Question 8

The principal of __________ means adding two or more claims to meet the amount requirement.

Answer 8

Aggregation

The principal of Aggregation means adding two or more claims to meet the amount requirement.

Question 9

Aggregation ______ allow factually unrelated claim amounts to be aggregated.

A. Does
B. Does not

Answer 9

A. Does

Aggregation does allow factually unrelated claim amounts to be aggregated.

Question 10

Equitable Relief may be granted by federal courts in some cases.

For a court to hear a case where an injunction is the requested relief, the value of the injunction is determined from:

A. The Plaintiff’s perspective: $ value of benefit sought
B. The Defendant’s perspective: $ value of detriment
C. Either A or B

Answer 10

C. Either A or B.

The $75,000 dollar amount may be reached by either the Plaintiff’s perspective ($ value of the benefit) or Defendant’s perspective ($ value of the detriment).

Question 11

In cases regarding Federal Question:

A. The citizenship of the parties is still relevant
B. The amount in controversy is still relevant
C. Both A and B are still relevant
D. Neither A and B are relevant

Answer 11

D. Neither A and B are relevant

Neither the citizenship of parties nor the amount is relevant in cases regarding a Federal Question.

Question 12

Per the ‘Well Pleaded Complaint Rule’, the plaintiff’s claim must __________________.

Answer 12

Arise under federal law

Per the ‘Well Pleaded Complaint Rule’, the plaintiff’s claim must arise under federal law.

Question 13

To satisfy the ‘Well Pleaded Complaint Rule’, a plaintiff generally must be seeking to _________ a __________ _______.

Answer 13

To satisfy the ‘Well Pleaded Complaint Rule’, a plaintiff generally must be seeking to enforce a federal right.

Question 14

Removal Jurisdiction:

Removal may transfer a case from a _______ trial court to a __________ trial court.

Answer 14

State; Federal

Removal may transfer a case from a State trial court to a Federal trial court.

Question 15

Removal must occur within ___ days of service.

Answer 15

30

Removal must occur within 30 days of service.

Question 16

Who must join in the removal?

_______

Whereas ________ may never remove.

Answer 16

All defendants served with process.

Whereas plaintiffs may never remove.

Question 17

What cases may be removed?

_______

Exception:

1. ____________
2. ____________

Answer 17

Any cases that meet the requirements for diversity of citizenship or Federal Question may be removed.

Exception:

• If any defendant is a citizen of the present forum
• If attempt at removal is more than 1 yr after the case was filed in state court

Question 18

To where does a case go when it is removed?

Answer 18

To the federal district court “embracing the state court” where the case was filed.

Question 19

What must a Defendant do to remove a case?

1. ____________
2. ____________
3. ____________

Answer 19

To remove a case:

1. Defendant files a ‘notice of removal’ in federal court. The notice states grounds for removal and includes all docs served on the Defendant.
2. Defendant serves a copy of the ‘notice of removal’ to all adverse parties
3. Defendant files a copy of the ‘notice of removal’ in state court.

Question 20

Does a federal court needs to have subject matter jurisdiction over every single claim in a case?

Answer 20

Yes. A federal court must have subject matter jurisdiction over every single claim in a case.

Question 21

Supplemental Jurisdiction:

When a case is already in federal court, Supplemental Jurisdiction may apply to new claims.

The test for whether Supplemental Jurisdiction applies is two parts:

1. ____________
2. ____________

Answer 21

The test for whether Supplemental Jurisdiction applies is two parts:

1. Does the claim arise from the same Common Nucleus of Operative Fact as the claim that got the claim into federal court? (note: always met when claim arises from same transaction or occurrence)
2. Is the case a Diversity case? If so, Supplemental jurisdiction does not apply