Federal Jurisdiction

Question 1

Subject Matter Jurisdiction

Answer 1

Federal courts have limited SMJdx and may hear cases involving federal question or diversity of citizenship

Question 2

Fed Courts Exclusive Jurisdiction

Answer 2

Federal courts hold exclusive jurisdiction in bankruptcy, antitrust, patent, and postal matters.

Question 3

Federal Question Jurisdiction

Answer 3

Federal courts have Federal Question jurisdiction if the well pleaded complaint asserts a claim arising under federal law. (not a defense or counterclaim) (e.g. Constitution, federal statutes, treaties, etc.)

Question 4

Diversity Jurisdiction

Answer 4

Federal courts have diversity jurisdiction if 1) complete diversity is present, 2) the amount in controversy exceeds $75,000.

Question 5

Complete diversity

Answer 5

No plaintiff may be a citizen of the same state as any defendant at the time the action is commenced.

Question 6

Citizenship

Answer 6

Determining citizenship for diversity purposes varies depending on the party involved.

Question 7

Individual Citizenship

Answer 7

Under Diversity for SMJ determining citizenship for diversity purposes varies depending on the party involved. For individuals–a natural person’s citizenship is determined by his domicile.

Question 8

Domicile

Answer 8

For individuals–a natural person’s citizenship is determined by his domicile. DOMICILE: A person’s domicile is the state where he is PHYSICIALLY PRESENT and has the SUBJECTIVE INTENT to remain

Question 9

Corporation’s Citizenship

Answer 9

Corporations have dual citizenship in (a) every state in which it is incorporated; AND (b) the one state where the corporation has its Principal Place of Business (PPB) PPB is determined by the “nerve center” test and refers to the place where a corporations officers direct, control, and coordinate the corporation’s activities (i.e. headquarters.)

Question 10

Unincorporated Associations (partnerships, LLC’s, etc.)Citizenship

Answer 10

Unincorporated Associations (partnerships, LLC’s, etc.) citizenship is determined by the citizenship of all members, including limited and general partners.

Question 11

Diversity–The Amount in Controversy

Answer 11

The amount in controversy in a diversity claim is based on the GOOD FAITH allegations of the P unless it appears to a legal certainty that she cannot recover more than $75,000 not including interest or cost of litigation (i.e. statutory ceiling on recovery.) a) determined at the time of filing; b) what Plaintiff wins is irrelevant; and c) must exceed 75K; not equal to

Question 12

Exceptions to Federal Subject Matter Jurisdiction

Answer 12

Federal courts will NOT hear cases involving family law (divorce, alimony, child custody) or probate.

Question 13

Supplemental Jurisdiction

Answer 13

When the court has

original jurisdiction over one claim in a matter,

it may exercise supplemental jurisdiction over other claims

over which the court would not independently have jurisdiction

if all the claims constitute the same case or controversy and arise out of a COMMON NUCLEUS OF OPERATIVE FACT.

Question 14

COMMON NUCLEUS OF OPERATIVE FACT

Answer 14

When the court has original jurisdiction over one claim in a matter, it may exercise supplemental jurisdiction over other claims over which the court would not independently have jurisdiction if all the claims constitute the same case or controversy. Claims constitute the same case or controversy if they arise out of a COMMON NUCLEUS OF OPERATIVE FACT.

Question 15

Diversity Limitations on Supplemental Jurisdiction

Answer 15

In diversity SMJ cases, if Plaintiff brings a claim against a joined party that destroys diversity, the court does not have supplemental jdx over such claims.

Question 16

Discretion–Supplemental Jurisdiction

Answer 16

Exercise of supplemental jdx is discretionary based on facts and circumstances of the case. The court must analyze whether the claim raises 1) NOVEL OR COMPLEX ISSUES of state law, 2) state law claims SUBSTANTIALLY PREDOMINATE, 3) all original jdx claims have been dismissed, OR 4) whether there are OTHER EXCEPTIONAL CIRCUMSTANCES to determine if they weigh against the exercise of supplemental jdx.

CPOO

Complex/Predominating/Original jdx dismissed/Other Exceptional circumstance

Question 17

Removal

Answer 17

Removal allows the Defendant to move a case from state court to federal court if the case could have been brought originally in federal court. who: Only the D’s are allowed to remove what: In state D rule: in diversity cases, the D may not remove to federal court if any D is a citizen of the forum. Where: Venue: The case can be removed to a federal district court embracing the state court where the case was originally filed (same county/district) When: The D must remove no later than 30 days after service of the first removable document (initial pleading), but never later than one year after the initial filing. The 30 days starts afresh for each newly served D. Jurisdiction is based on the DATE the action is commenced.

Question 18

Removal–Who

Answer 18

ONLY DEFENDANTS are allowed to remove a claim from state court to federal court if the case could have been brought originally in federal court.

Question 19

Removal–Who and What

Answer 19

In-state Defendant Rule: in diversity cases, the D may NOT remove to federal court if any D is a citizen of the forum state.

Question 20

Removal–Where

Answer 20

Venue: The case can be removed to a federal district court embracing the state court where the case was originally filed (same county/district)

Question 21

Removal–When

Answer 21

Timing: The defendant must remove –NO LATER THAN 30 DAYS AFTER SERVICE of the first removable document (initial pleading.) —but NEVER later than ONE YEAR AFTER the initial filing. —The 30 DAYS STARTS AFRESH for each newly served D.

Question 22

Removal Jurisdiction

Answer 22

Removal jurisdiction is based on the date the action is commenced.

Question 23

Remand

Answer 23

Remand is when a D attempts to remove a case to federal court and the removal is improper. The Federal court can remand the case back to state court. 1) Federal court can remand based on its own review of the removal request or it may do so upon review of a motion by P seeking remand. 2) The relevant time for determining the existence of federal SMJdx is at the time of removal.