Civil Procedure (Jurisdiction)

Question 1

When does a federal court have Subject Matter Jurisdiction?

Answer 1

If:

Federal Question jurisdiction exists;
Diversity of Citizenship among the parties; OR
Supplemental jurisdiction is present.

Question 2

When does Federal Question Jurisdiction exist?

Answer 2

When:

1. The Complaint alleges a claim that arises under Federal law, U.S. Constitution, or United States treaties.
2. The plaintiff is enforcing a federal right.

AND
3. The federal question of law is present on the face of the Complaint.

Question 3

When does Diversity of Citizenship Jurisdiction exist?

Answer 3

When:

1. There is complete diversity of citizenship between all plaintiffs and defendants;

AND

2. The amount in controversy exceeds $75,000.

Question 4

What is complete diversity?

Answer 4

When no plaintiff is from the same state as any defendant.

Question 5

Does pleading a defense that arises under federal law give rise to federal question jurisdiction?

Answer 5

No

Question 6

How is citizenship decided for diversity of citizenship SMJ?

Answer 6

Domicile

Question 7

When determining diversity of citizenship SMJ, what is the citizenship of a natural person?

Answer 7

The state they reside in and intend to stay (domicile)

Question 8

When determining diversity of citizenship SMJ, what is the citizenship of a corporation?

Answer 8

1. The state or country where the corporation’s principal place of business is located (can only be one);

AND

2. Any state or country where the corporation is incorporated (can be many)

Question 9

When determining diversity of citizenship SMJ, what is the citizenship of an unincorporated business?

Answer 9

The citizenship of EVERY member/partner

Question 10

When can there not be diversity of citizenship SMJ between a U.S. citizen and a lawful permanent resident residing in the U.S.?

Answer 10

When the U.S. citizen and the LPR reside in the same state

Question 11

What must be true for there to be diversity of subject SMJ between a U.S. citizen and a lawful permanent resident residing in the U.S.?

Answer 11

The U.S. citizen and LPR do not reside in the same state.

Question 12

What is the citizenship of a lawful permanent resident residing in the U.S.?

Answer 12

The U.S. state in which they reside

Question 13

When determining diversity of citizenship SMJ, what is the citizenship of a class in a class action?

Answer 13

The citizenship of the named class representative(s)

Question 14

What is the dollar amount of the amount in controversy requirement?

Answer 14

MORE than $75,000

Question 15

What is removal?

Answer 15

Transferring a case from state court to federal court

Question 16

What action does a party seek when a case has been improperly removed?

Answer 16

Remand

Question 17

What is remand?

Answer 17

Transferring a case from federal court to state court

Question 18

When can a case be removed?

Answer 18

When the case could have originally been filed in federal court; meaning there is federal SMJ

Question 19

What are the procedural steps for removing a case?

Answer 19

1. Defendant files notice of removal in federal court stating why the case is removable;
2. Defendant serves notice of removal on all plaintiffs;
3. Defendant files copy of notice of removal in state court

Question 20

What is the deadline for removing a case?

Answer 20

Within 30 days of the defendant being served a document that shows the case is removable AND no more than a year since the case was originally filed in state court

Question 20

What is the venue of a case that has been removed?

Answer 20

The federal district court that embraces the state court