Exam Prep: SMJ Flashcards
What power is SMJ?
The power of a federal or state court over a particular type of case.
When is SMJ determined?
At the time the complaint is filed.
Can parties waive SMJ?
No.
How do you challenge SMJ?
12b1 motion to dismiss for lack of SMJ
What is a motion to dismiss for lack of SMJ?
12b1
Who can challnege SMJ?
Either party via 12b1 or the court sua sponte
Compare federal and state courts and federal statute scope of jurisdiction.
federal courts and state courts have concurrent jurisdiciton. State courts have much braoder jurisdiction. Congress has broader powers to establish statute under Article 3.
Federal court jurisdiction source of law?
Statutes and the constitution.
What is a federal question?
A case that arises out of constitution or federal statute. 1331 jurisdiction.
What is standard for pelading a federal question?
Fed question must appear on the face of a well-pleaded complaint.
What is the source of law for diversity?
USC 1332
What is required for diversity?
AIC and Diversity of citizenship tests
What is diversity of citizenship test?
At the time the complaint is filed, establish the domicile of each party.
What does the constitution require for diversity of citizenship?
Minimum diversity, meaning at least one party from another state. Strawbridge interpreted this requirement as complete diversity, meaning no P can be of the same domicile as a D.
How did Strawbridge narrow the constitutional diversity requirement?
Constitution = Minimum diversity, meaning at least one party from another state.
Strawbridge = complete diversity, meaning no P can be of the same domicile as a D.
How do you determine individual’s domicile for the purposes of diversity?
Where they reside and intend to stay indefinitely. Gordon.
When is a new domicile/citizenship established?
when an individual has satisfied both requirements - physical presence and intent to remain.
WWVW
Where is a corporation a citizen?
where has ppob (nerve center test) and where it was incorporated
What is the AIC minimum?
$75,000
Why have an AIC requirement?
So courts do not waste time and taxpayer money on insignificant cases. 1332.
When can defendant successfully challenge AIC?
When they can prove to a legal certainty that P will not meet the AIC threshold. Diefenthal.
Who can aggregate claims and what claims can they aggregate?
A single plaintiff can aggregate related and unrelated claims against a single defendant to meet AIC.
What is supplemental jurisdiction?
1367 allows additional parties and claims into a lawsuit.
What is the first requirement for 1367?
That both the original claim and the supplemental claim form part of the same case or controversy. Gibbs.
