Civ Pro (Jx and Venue) Flashcards

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1
Q

There are two main bases for federal subject matter jurisdiction—

A

diversity of citizenship jurisdiction and federal question jurisdiction.

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2
Q

Once a claim is in federal court…

A

supplemental jurisdiction sometimes may be used to have a claim heard

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3
Q

Federal question jurisdiction is available when…

A

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;

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4
Q

Diversity of citizenship jurisdiction is available when

A

(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.

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5
Q

When the federal court has subject matter jurisdiction over one claim…

A

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.

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6
Q

the Erie doctrine, which requires…

A

federal courts sitting in diversity jurisdiction to apply the substantive law of the state, and federal procedural law.

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