Lesson 2: Subject Matter Jurisdiction

Question 1

Federal Question Jurisdiction

Answer 1

The federal courts have original jurisdiction to hear cases which arise under the Constitution, laws, or treaties of the United States.

Question 2

Diversity of Citizenship Jurisdiction

Answer 2

The federal courts have original jurisdiction over all civil actions between citizens of different states where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs.

Question 3

Citizenship for Diversity Jurisdiction Purposes

Answer 3

State citizenship for diversity purposes is determined by a party’s domicile (residence). A natural person (not a corporation) is a domiciliary of the state in which he (1) physically resides and (2) intends to remain for the indefinite future. A person keeps his previous domicile until he acquires a new one.

Question 4

Pendent Jurisdiction (applies in Federal Court)(28 USC 1367)

Answer 4

A plaintiff may join a state claim to his federal claim against a defendant if the federal claim is “substantial” and the federal and state claims are so related that they form part of the same case or controversy; that is, they share a common nucleus of operative fact.

Question 5

Removal Jurisdiction

Answer 5

Permits a defendant to transfer a case from state court to federal court if the case could have originally been brought in federal court.

Question 6

Categories of Exclusive Federal Court Jurisdiction

Answer 6

1. Admiralty cases
2. Bankruptcy cases
3. Patent, trademark, and copyright cases
4. Certain antitrust cases

Question 7

Ancillary Jurisdiction (applies in federal court)(28 USC 1367)

Answer 7

A defending party to an action satisfying federal jurisdiction requirements may join a state-based counterclaim if the counterclaim is logically related to the aggregate core of operative facts which constitute the primary federal claim.