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CP > Exam Prep: SMJ > Flashcards

Exam Prep: SMJ Flashcards

1
Q

What power is SMJ?

A

The power of a federal or state court over a particular type of case.

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2
Q

When is SMJ determined?

A

At the time the complaint is filed.

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3
Q

Can parties waive SMJ?

A

No.

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4
Q

How do you challenge SMJ?

A

12b1 motion to dismiss for lack of SMJ

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5
Q

What is a motion to dismiss for lack of SMJ?

A

12b1

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6
Q

Who can challnege SMJ?

A

Either party via 12b1 or the court sua sponte

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7
Q

Compare federal and state courts and federal statute scope of jurisdiction.

A

federal courts and state courts have concurrent jurisdiciton. State courts have much braoder jurisdiction. Congress has broader powers to establish statute under Article 3.

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8
Q

Federal court jurisdiction source of law?

A

Statutes and the constitution.

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9
Q

What is a federal question?

A

A case that arises out of constitution or federal statute. 1331 jurisdiction.

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10
Q

What is standard for pelading a federal question?

A

Fed question must appear on the face of a well-pleaded complaint.

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11
Q

What is the source of law for diversity?

A

USC 1332

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12
Q

What is required for diversity?

A

AIC and Diversity of citizenship tests

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13
Q

What is diversity of citizenship test?

A

At the time the complaint is filed, establish the domicile of each party.

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14
Q

What does the constitution require for diversity of citizenship?

A

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.

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15
Q

How did Strawbridge narrow the constitutional diversity requirement?

A

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.

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16
Q

How do you determine individual’s domicile for the purposes of diversity?

A

Where they reside and intend to stay indefinitely. Gordon.

17
Q

When is a new domicile/citizenship established?

A

when an individual has satisfied both requirements - physical presence and intent to remain.
WWVW

18
Q

Where is a corporation a citizen?

A

where has ppob (nerve center test) and where it was incorporated

19
Q

What is the AIC minimum?

A

$75,000

20
Q

Why have an AIC requirement?

A

So courts do not waste time and taxpayer money on insignificant cases. 1332.

21
Q

When can defendant successfully challenge AIC?

A

When they can prove to a legal certainty that P will not meet the AIC threshold. Diefenthal.

22
Q

Who can aggregate claims and what claims can they aggregate?

A

A single plaintiff can aggregate related and unrelated claims against a single defendant to meet AIC.

23
Q

What is supplemental jurisdiction?

A

1367 allows additional parties and claims into a lawsuit.

24
Q

What is the first requirement for 1367?

A

That both the original claim and the supplemental claim form part of the same case or controversy. Gibbs.

25
Q

Can the court consider the subject matter jurisdiction of a defense or counter claim for removal?

A

No.

26
Q

When does court consider the three rings?

A

At the time the case is filed.

27
Q

What makes a case part of the same case or controversy?

A

It arises out of common nucleus of operative fact - Gibbs.

28
Q

How does 1367b treat diversity?

A

Diversity is still required, so when diversity is only based on 1332, 1367b does not allow joinder of parties under rule 19 or 20 which would otherwise be inconsistent with jurisdiction under 1332.

29
Q

What are the requirements of issue preclusion/Collateral estoppel?

A

prevents a party who was in a previous case from relitigating an issue if
1. same issue
2. actually litigated
3. decided
4. issue was essential to judgement
5. party had full and fair opportunity to litigate the issue in the first suit.

30
Q

What’s the standard of evidence for a criminal conviction?

A

beyond a reasonable doubt

31
Q

What’s the standard of evidence for a civil liability?

A

preponderance of evidence

32
Q

What should you consider if a criminal charge is involved?

A

Summary judgement based on the higher standard of evidence.

33
Q

What is Ohio’s longarm statute an example of?

A

enumerated

34
Q

What is Colorado’s longarm statute an example of?

A

appears enumerated but goes to full extent of dur process

35
Q

What is California’s longarm statute an example?

A

full extent of due process clause

CP (23 decks)

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