Jurisdiction and Venue Flashcards
Federal subject matter jurisdictions occurs when?
4
- Federal Question
- Diversity Jurisdiction
- Supplemental
- Removal
Subject matter jurisdiction is…
the nature of the dispute
Federal Question Jurisdiction Requires
2
- Well Pleaded Complaint
2. Federal Question in Dispute
Well Pleaded Complaint requires
If the federal claim is in π’s affirmative side of the lawsuit
≠defense
When a federal question is inside state law claims, federal jurisdiction when
(3)
This is permissible as long as the federal question:
(1) The federal law is actually in dispute,
(2) demands the expertise of federal judges, and ought to be resolved as uniformly as possible; and
(3) is not so commonly present in state law actions that federal courts would end up taking a large portion of state courts’ traditional jurisdiction.
A diversity action is a claim requirements
- Complete
2. Amount > 75k
Complete diversity exists as long as
no π and ∆ are citizens of the same state
Cannot have same state on both sides of the V
Key to Federal Question
Is there a federal question in the π’s complaint?
For diversity actions, citizenship is counted at what time?
Diversity is measured at the time of filing
When is complete diversity not required for jurisdiction?
3
- π class > 100
- Amount in controversy > 5 mil
- if any single member of the class is diverse from any single defendant.
How does amending complaints affect diversity?
Diversity is re-evaluated at the time of the amendment.
Where is a human being a citizen?
2
A human being’s state of citizenship is the state in which
(1) she resides + (2) intends to remain indefinitely (no present plans to leave).
A human being’s citizenship does not change until
They
- reside in a new place
- They intend to remain indefinitely in that new place
Where is a corporation a citizen?
2
- Where it is incorporated
+ - Where it maintains its principal place of business
Where is a corp’s principal place of business
Where the executives do their business
“the brain/nerve center”
When evaluating diversity jurisdiction for a corporation, π must be diverse from
both the place of incorporation and the principal place of business
Where is a unincorporated association a citizen?
=non-corporation (LLC, P’Ship)
Citizen of every state where their members are citizens
When litigation occurs through personal representatives. For the purpose of diversity jurisdiction, the key inquiry is:
Citizenship of the incapacitated party (the party in interest)
Diversity Jurisdiction amount in controversy requires
the plaintiff’s allegation of her financial injury > 75k
unless it appears “to a legal certainty” that such allegations are incorrect –> As a matter of law you could not collect
Diversity Jurisdiction amount in controversy when there are multiple claims against the same ∆, what’s the amount?
Add all of the claims together
Diversity Jurisdiction amount in controversy when there are multiple claims against multiple ∆s, what’s the amount?
Do not aggregate the amounts to others
Supplemental jurisdiction allows
A claim falling outside out of FQ or Diversity to piggy-back on a claim that does have FQ or Diversity
Supplemental Jurisdiction Steps
Step 1——Same Transaction?
Does the claim seeking piggy back jurisdiction arise from the same transaction or occurrence as another claim falling within federal question or diversity?
Step 2 ——Sneaky π?
If the anchor claim is FQ –> step 3
If anchor claim is Diversity –> π cannot use supplemental to sue third party defendants(∆ brings another ∆ in) or stacked parties (multiple ∆’s sued together).
Step 3——Good Reason to Give to State
Court may decline if:
(a) the piggy back claim involves a novel and complex issue of state law;
(b) the piggy back claim “substantially predominates” over the federal question or diversity claim;
(c) the court has dismissed the anchor claim; and
(d) in exceptional circumstances, where other compelling reasons exist.
Removal jurisdiction permits
permits a federal court to hear a case that was originally filed in state court.
