Civil Procedure 1- 6 Flashcards
When does the California Superior Court have general subject matter jurisdiction?
Over ALL civil matters, as long as another court does not have exclusive jurisdiction.
Priority: Low
When does a Federal Court have subject matter jurisdiction?
If:
Federal Question jurisdiction exists;
Diversity of Citizenship among the parties; OR
Supplemental jurisdiction is present.
*Subject matter jurisdiction is NOT waived if a party fails to raise it at trial.
Priority: HIGH
When does Federal Question Jurisdiction exist?
When a Complaint alleges a claim that arises under:
Federal law;
The U.S. Constitution; OR
United States treaties.
*The plaintiff MUST be enforcing a federal right and the federal question of law must be present on the face of the Complaint.
Priority: HIGH
When does Diversity of Citizenship Jurisdiction exist?
When:
There is complete diversity of citizenship between all plaintiffs and defendants; AND
The amount in controversy exceeds $75,000.
*Diversity is determined at the time the action is commenced.
Priority: HIGH
What is the amount in controversy based on?
It is based on the damages alleged in good faith in the Complaint, unless it is legally certain that the plaintiff cannot recover the specified amount.
*A claim for injunctive relief is valued by either the benefit to the plaintiff OR the cost of compliance for the defendant.
Priority: HIGH
When may a federal court exercise Supplemental Jurisdiction over additional state court claims?
When they arise from the same “case or controversy.”
Generally, such claims must arise from a common nucleus of operative fact.
Priority: Medium
