Jurisdiction Flashcards
What is Subject Matter Jurisdiction?
a court’s competence to hear and determine cases of the general class and subject to which the proceedings in question belong.
What are the five most common congressional grants of subject matter jurisdiction?
(i) federal question jurisdiction, (ii) diversity jurisdiction, (iii) supplemental jurisdiction, (iv) removal jurisdiction, and (v) legislative jurisdiction.
Can Subject Matter Jurisdiction be waived?
No
When can you object to Subject Matter Jurisdiction?
An objection to subject matter jurisdiction can be presented by any party at any stage of a proceeding, including on appeal, or may be raised by the court.
What is Federal Question Jurisdiction?
Article III, Section 2 of the U.S. Constitution provides that federal judicial power shall extend to all cases “arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” This constitutional provision authorizes Congress to give federal courts such jurisdiction. Today, the general congressional grant of federal question jurisdiction is codified at 28 U.S.C. § 1331, which provides, “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”
What is the scope of Federal Question Jurisdiction?
In general, if the cause of action in question is expressly created by federal law, and federal law provides the underlying right, then federal question jurisdiction will exist. If a right is created by federal law, and a cause of action may fairly be implied and was intended by Congress, then federal question jurisdiction is likely to be found. If the cause of action is neither expressly nor implicitly created by federal law, then federal question jurisdiction over a state law claim will lie if a federal issue is: (1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.
When do Federal Question Jurisdiction exists?
Generally, federal question jurisdiction exists only when the federal law issue is presented in the plaintiff’s complaint. the federal question must appear on the face of the complaint, the determination of jurisdiction must be made by considering only the necessary elements of the plaintiff’s cause of action
What is Diversity Jurisdiction?
Article III, Section 2 of the U.S. Constitution permits Congress to extend federal judicial power to controversies “between citizens of different states … and between a state or the citizens thereof, and foreign states, citizens or subjects.”
Diversity Jurisdiction requirements?
Under § 1332, Congress gave the U.S. district courts jurisdiction over civil actions when:
i) The parties to an action are:
a) Citizens of different states;
b) Citizens of a state and citizens or subjects of a foreign state;
c) Citizens of different states and citizens or subjects of a foreign state are additional parties; or
d) A foreign state as plaintiff and citizens of a state or different states; and
ii) The amount in controversy in the action exceeds $75,000.
What is the rule of complete diversity?
Diversity jurisdiction requires complete diversity between opposing parties in a case. There is no diversity of citizenship if any plaintiff is a citizen of the same state as any defendant. Two or more plaintiffs may be from the same state without destroying diversity, if no plaintiff is from the same state as any defendant. Similarly, two or more defendants may be from the same state without destroying diversity if no defendant is from the same state as any plaintiff.
Exceptions to Complete Diversity?
Interpleader
Class Actions greater than $5,000,000
Multiparty, Multiforum Trial Jurisdiction Act of 2002
What is the date of determining diversity?
Diversity is determined at the time the case is filed. There is no requirement that diversity exist at the time the cause of action arose. A change in citizenship or amount-in-controversy after the filing of the case will not affect diversity jurisdiction that was in existence at the time of the filing. In addition, a change in the parties as a result of substitution or intervention will not affect diversity jurisdiction.
What is domicile?
an individual is a domiciliary of the state in which she is present and intends to reside for an indefinite period. An individual can have only one domicile at a time. The presumption is that a place of domicile continues until it is definitively changed, i.e., when a person:
i) Establishes presence in the new place; and
ii) Manifests intent to remain there indefinitely.
When is domiciled determined?
Domicile is determined at the time the action is commenced. Once subject matter jurisdiction has been established, it will not be affected by a party’s change of domicile.
Diversity in Class Actions?
Diversity in a class action brought pursuant to Rule 23 will generally be determined by the citizenship of the named members of the class bringing the lawsuit. For certain class actions, however, when the amount at issue totals more than $5,000,000, diversity will be met if any member of the plaintiff class is diverse with any defendant.
