Civ Pro (Jx and Venue) Flashcards
There are two main bases for federal subject matter jurisdiction—
diversity of citizenship jurisdiction and federal question jurisdiction.
Once a claim is in federal court…
supplemental jurisdiction sometimes may be used to have a claim heard
Federal question jurisdiction is available when…
the plaintiff, in his well-pleaded complaint, alleges a claim that arises under federal law.
-Anticipation of a federal defense or the fact that federal law is implicated by the plaintiff’s claim do not give rise to federal question jurisdiction;
Diversity of citizenship jurisdiction is available when
(i) there is complete diversity of citizenship, meaning that each plaintiff is a citizen of a different state from every defendant; and (ii) the amount in controversy exceeds $75,000.
When the federal court has subject matter jurisdiction over one claim…
it has discretion to exercise supplemental jurisdiction over related claims that derive from the same common nucleus of fact (CNOF) and are such that a plaintiff would ordinarily be expected to try them in a single judicial proceeding.
the Erie doctrine, which requires…
federal courts sitting in diversity jurisdiction to apply the substantive law of the state, and federal procedural law.