Federal Question Jurisdiction Flashcards
Is there an amount in controversy requirement for federal subject matter jurisdiction?
No. The amount in controversy requirement only applies to diversity of citizenship jurisdiction.
Is using a federal defense against a state claim enough to get federal subject matter jurisdiction?
No. A complaint will not create federal question jurisdiction if it alleges federal issues only in anticipation of some defense.
What content is taken into consideration in determining whether there is federal subject matter jurisdiction over a claim?
None. The content of the claim or counterclaim is irrelevant, so long as the requirements for establishing federal subject matter jurisdiction are met.
Federal question jurisdiction will arise by virtue of a plaintiff suing a corporation which was incorporated by Congress and . . .
the United States owns more than 50 percent of the corporation’s capital stock.
Violation of a federal statute is sufficient to establish federal question jurisdiction regardless of whether it . . .
expressly provides for a civil cause of action in the case of its violation.
When the United States owns more than 50 percent of the capital stock in a corporation incorporated by Congress, the corporation is treated as a ___________________.
federal agency and can sue or be sued on that basis alone.
A and B are both citizens of Kansas. A wants to sue B in federal court, but there is no issue of federal law and there is no diversity between the parties. How can A establish diversity jurisdiction?
A can dismiss his suit, move to Missouri, then refile the case in a Kansas or Missouri Federal District Court, assuming his amount in controversy meets the $75,000+ threshold.
Rob files a state law action in the Jackson County, Missouri District Court. Alex, the defendant, wants to remove the case to federal court. Assuming it is capable of being removed to federal court, Alex removes it to the U.S. District Court for the Eastern District of Missouri. Is his removal proper?
Yes. In a properly removed case, venue is proper in the federal court of the state where the case was pending, even if the venue would have been improper had the plaintiff originally filed the action in the federal district court of that state.
Supplemental Jurisdiction —
in a diversity case where a claim is properly in federal court, the parties can make additional claims which do not meet complete diversity or federal question requirements.
In order for a federal court to exercise supplemental jurisdiction over a claim, what must the claim do?
The claim must arise out of the same common nucleus of operative fact as the claim which invoked subject matter jurisdiction; i.e. it must arise out of the same transaction or occurrence as the claim that invoked SMJ.
There is a limitation to supplemental jurisdiction being exercised over certain kinds of cases. To what kind of cases does the limitation apply to?
Diversity of citizenship cases.
When can a federal court decline supplemental jurisdiction?
If the federal claim is dismissed early in the case.
In a diversity case where federal law directly conflicts with state law, which law must be applied by the judge?
Federal law due to the supremacy clause of the Constitution.
Implied Federal Right of Action
there can be an implied ability to bring an action on the basis of a federal law being broken, regardless of whether the statute specifically provides for a cause of action.
The federal question must appear as part of what?
the plaintiff’s well pleaded complaint.
