Jurisdiction (SMJ & PJ) Flashcards
What are the primary methods of establishing subject matter jurisdiction in federal court?
1332 - Federal Question Jurisdiction
1331 - Diversity Jurisdiction
What are the requirements of diversity jurisdiction?
The case must be between citizens of different states at the time it is filed(complete diversity), the amount in controversy must exceed $75,000, and the case cannot be a probate or domestic relation proceeding.
In suits by or against representative parties, whose citizenship controls? That of the represented or the representative party? Trustees? Executors? Infants?
Generally the state of domicile of the representative controls. (Except executors and infants: executors are citizens of the state of the decedent, and infants are citizens of the state of their guardian)
In what situation(s) may claims be aggregated against a party to satisfy the “amount in controversy” requirement?
A plaintiff may aggregate their claims against when there is a single plaintiff suing a single defendant
Does a counterclaim in a diversity action have to meet the jurisdictional minimum of $75,000?
Compulsory Counterclaim = NO
Permissive Counterclaim = YES
What is supplemental jurisdiction?
When a federal court with proper subject matter jurisdiction elects to hear additional claims that it would not independently have jurisdiction.
What is the standard for applying supplemental jurisdiction generally?
When all claims are part of the same case or controversy meaning that they arise out of a common nucleus of operative fact. (same transaction or occurrence)
In diversity cases, what are the three types of claims for which supplemental jurisdiction may be extended?
1) Compulsory Counterclaims
2) Cross Claims
3) Voluntary joinder of plaintiffs when there is complete diversity with all named plaintiffs, one claim exceeding $75,000, and all claims share a common nucleus of operative fact.
If defendant is a citizen of state A, and plaintiff is a citizen of state B, if Plaintiff sues defendant in State A court, may defendant remove to federal court?
No. Removal jurisdiction is improper where the case is brought in a citizen in which a defendant is a citizen.
What is personal jurisdiction?
Personal Jurisdiction is the power of the court to adjudicate the rights and liabilities of parties before it.
What are the three types of personal jurisdiction?
In Personam (Against the Person)
In rem (Against the Thing)
Quasi In Rem ("sort of" against the thing)What is the due process standard that courts must meet to exercise personal jurisdiction?
Due process requires minimum contacts between the defendant and the forum state such that it is consistent with traditional notions of fair play and substantial justice to sue the defendant here.
What two factors must be satisfied in order for a court to establish personal jurisdiction over an out-of-state defendant?
1) Statute or Rule: Has the basis for exercising personal jurisdiction over an out of state defendant been authorized by statute or rule of the court?
2) Is the particular basis for exercising personal jurisdiction permitted by federal constitutional principles (min. contacts)?
