Right Court - Subject matter jurisdiction Flashcards
What kinds of case can a state court hear?
Any kind of case
What is state court’s ability to hear any type of case called?
General SMJ
What kinds of cases can a federal court hear?
1) Diversity of citizenship; and
2) Federal question cases.
What is federal court’s ability to hear limited types of cases called?
Limited SMJ.
What are the two diversity of citizenship (and alienage) case requirements?
1) Case is either between citizens of different states (diversity) or between a citizen of a state and a citizen of a foreign country (alienage); and
2) The amount in controversy exceeds $75,000.
What is the complete diversity rule?
It is not good if any P is a citizen of the same state as any D.
What about a green card alien or citizen overseas?
Green carder domiciled in US state against us citizen in another state is alienage. If a US citizen overseas, no alienage because you are not an alien.
What is a US citizen’s US state of citizenship?
State of domicile
Can you have more than one state of domicile?
No
How do you establish new domicile?
1) Physical presence
2) Intent to make permanent home
When is diversity tested?
When case filed
What about corporations re domicile?
1) State/country of incorporation/state/country PPB
2) LLP or Pship, every citizenship of its members.
Does the amount in controversy include costs and interest?
No
Is the amount eventually awarded relevant to jurisdiction?
No, but P wining less than $75k may have to pay D’s litigation costs. Costs are filing and discovery fees, NOT attorney’s fees.
Can claims be aggregated to reach $75,000?
A SINGLE P can combine factually unrelated claims and sue multiple defendants.
What cases will federal court refuse to hear even if requirements for diversity/alienage are met?
1) Divorce, 2) Alimony, 3) Custody, 4) Probate, 5) Estates.
What is a federal question case?
Claim in Plaintiff’s complaint arises under federal law, e.g. federal/constitution/legislation.
You must ask the question, is the Plaintiff enforcing a federal right?
Once a gase is properly in federal court under diversity or federal question, do we have to test every single additional claim for federal SMJ?
YES
What if it doesnt pass the test?
The federal court can still hear it by invoking supplemental jurisdiction.
What are the two steps involved in getting supplemental jurisdiction?
1) Claim we want to get into federal court must share a common nucleus of operative fact within claim that invoked federal SMJ (i.e. Is it from the same transaction or occurrence?)
2) This is limited by the supplemental jurisdiction ‘limitation’.
What is the supplemental jurisdiction limitation?
1) By statute certain claims cannot invoke supplemental jurisdiction.
2) They apply in diversity not federal question cases.
3) Takes away supplemental jurisdiction for claims by plaintiff.
4) Where plaintiff is trying to assert a claim against a co-citizen.
What is the supplemental jurisdiction rule?
A non federal, non diversity claim can be heard in federal court if it meets the test unless:
1) Asserted by a Plaintiff;
2) In a diversity of citizenship (Not federal questions case); and
3) Asserted against a citizen of the same state as the plaintiff
Does the Court still have discretion to deny even though supplemental jurisdiction applies?
Yes, normally where underlying claim dismissed early in case.
Who is able to remove a case to federal court?
Defendant
When can someone remove a case to federal court?
Usually within 30 days of service of first paper that shows case is removable. Within 30 days of service of process.
What cases can be removed to federal court?
Generally any case meeting requirements for diversity or federal question.
What are the two big exceptions to a defendant being able to remove a case to federal courts on a case that meets diversity or federal question?
1) No removal if any defendant is a citizen of the forum (instate court defendant rule); and
2) No removal more than one year after case has been filed.
Where and how do we remove?
Only federal district embracing state court where case filed.
1) File notice of removal,
2) State grounds for removal,
3) Serve and file in state court.
What if Plaintiff thinks case shouldn’t have been removed?
Can move to remand to state court:
1) Procedurally improper? Move no later than 30 days after filing.
2) If it thinks it lacks SMJ can be at any time.
In federal court, what law applies?
1) Erie Doctrine and 2) Federal common law
What on earth is the three step erie doctrine?
1) Is there some federal law conflicting with state law? Supremacy clause means federal law prevails;
2) If no ‘on point’ federal law, judge to apply state law if issue substantive (Elements, claim/defense, S/L)
3) If no law on point, Federal Judge determines if substantive.
In a diversity case what law is applied?
State law
What does erie mean for whether there is federal common law?
Erie means there is no general federal common law, general common law is state law, but where there are gaps they can fill it.
