Jurisdiction

Question 1

The FRCP directs federal courts to analyze personal jurisdiction under what lens?

Answer 1

As if it were a state court of the state in which it is located.

Question 2

Federal courts cannot exercise jurisdiction over what types of cases?

Answer 2

Cases involving probate (wills) and domestic relations (divorce). It is state courts who have exclusive jurisdiction over these types of cases.

Question 3

If a federal court has federal-question jurisdiction, what procedural and substantive law does it apply?

Answer 3

Federal courts must apply federal procedural and substantive law to claims arising under federal-question jurisdiction.

NOTE: If it were diversity jurisdiction, then the court must apply federal procedural law and STATE substantive law.

Question 4

When can lack of Subject Matter Jurisdiction be asserted?

Answer 4

Lack of SMJ may be asserted at ANY time and it may NEVER be waived.

Question 5

What kind of diversity is required under statutory interpleader?

Answer 5

Minimal–there only has to diversity between one plaintiff and the defendant–not all plaintiffs have to be diverse from the defendant.

Question 6

What is the forum-defendant rule (home-court advantage)?

Answer 6

Prohibits removal when
1. Subject matter jurisdiction arises from diversity jurisdiction
and 2. the D is a citizen of the state in which the case was filed