Civil Procedure Flashcards
When does the court have original jurisdiction? (Federal Question)
The district court shall have original jurisdiction of all civil action arising under the Constitution, laws, or treaties of the United States.
What is the well-pleaded complaint rule?
In order to have federal question jurisdiction, the plaintiff’s initial complaint must contain references to the federal question and the federal issue evoked.
When does the court have original jurisdiction? (Diversity)
The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds $75,000 and is between citizens of different states.
Can you aggregate amount to achieve the needed amount in controversy?
You can aggregate:
1. Claims by one plaintiff against a particular defendant;
2. Claims of multiple plaintiffs with undivided interest; or
3. Full amount of joint liability claim against multiple defendants.
What is complete diversity?
No plaintiff is a citizen of the same state as any defendant.
Where is an individual a citizen?
Where they are domiciled. Domicile is the place where a person has physically lived, regards as home, and intends to stay indefinitely.
Where is a corporation a citizen?
Where it is incorporated and where it has its principal place of business (nerve-center).
What is supplemental jurisdiction?
The district courts shall have supplemental jurisidiction over all other claims that are so related to claims over which the court has original jurisdiction that they form part of the same case or controversy (common nucleus of operative fact).
In diversity cases, generally does not allow plaintiffs to implead non-diverse parties.
When can a case be removed to federal court?
Any civil action brought in a state court may be removed by the defendant if the district courts have original jurisdiction over the matter.
Must be filed within 30 days of when the defendant realizes the case is removeable (but not over a year in diversity cases).
Defendant cannot remove on the basis of diversity if any defendant is from the state where they are sued.
What is subject matter jurisdiction?
A court’s power to hear and decide a certain kind of case. It includes original and supplemental jurisdiction.
