Civil Procedure Flashcards
Subject matter jurisdiction
You need either diversity jurisdiction or federal question to have subject matter jurisdiction
Diversity jurisdiction
Plaintiff and defendants must all reside different states, and the amount in controversy has to be over $75,000
What is considered legal residence?
Where you physically are and intent to remain
Where do corporations reside?
Corporations can reside either where they are incorporated or where their principal place of business is
Is there a standard for the amount in controversy?
There has to be a legal certainty that the amount in controversy is in excess of $75,000
Federal Question
Plaintiff’s complaint must be based on Federal law
Examples of Federal law
Intellectual property and admiralty law
Personal jurisdiction
Jurisdiction over the person