SMJ

Question 1

Refers to a courts competence to hear and determine cases of specific sMJ.

Answer 1

SMJ

Question 2

Referred to as limited or unlimited in the State of California (25 k or less)

Answer 2

SMJ

Question 3

Exist if the cause of actin is expressly created by or can be fairly implied by federal law. Otherwise the complaint must involve a real and substantial issue of federal law and its determination must necessarily depend on resolution of the case.

Answer 3

Federal Question

Question 4

Must be presented in P’s complaint because the court will not look at anticipated defenses, answers, or counter claims by the D that might involve federal law

Answer 4

Federal question

Question 5

Federal courts have _________ idx when parties are citizens of different states or citizens of a state/ citizens of foreign state and the AIC exceeds $75 k

Answer 5

Diversity idx.

Question 6

No P is a citizen of the same state or citizen of the same foreign state, as Andy D in the case

Answer 6

Diversity

Question 7

Individuals are _______ in the state where they are______.

Answer 7

citizens

domiciled

Question 8

A person is present in the state and intends to reside there for an indefinite period of time.

Answer 8

Domicile of citizens

Question 9

Citizen in the state they are incorporating and the state where there PPB( nerve center) is locaed

Answer 9

Domicile of Corp

Question 10

Must exceed 75k and must be peeled in good faith

Answer 10

Amount in Controversy

Question 11

If the P is seeking________ the court will look at the value of the P’s _________ if the injunction ins’t imposed and the D’s cost of complying with the injunction.

Answer 11

injunctive relief

harm

Question 12

if P sues multiple defendants, the value of the claims against the D can only be ___________ if the D’s are jointly liable to P’s

Answer 12

• aggregated

Question 13

A federal court may exercise ____________ over additional claims for which the court would not independently have SMJ, but arise out of a “common nucleus of operative fact” such that all claims should be tried in a single judicial proceeding

Answer 13

Supplemental jdx.

Question 14

Supp idx. will allow a P who improperly in federal court(based on federal question idx.) to bring state law claims against the D as long as the state law claims are based the same facts that give rise to federal claims.

Answer 14

FED BASED SUPP JDX.

Question 15

A d may remove a case from state court to federal district court with SMJ. the district cut must be the district where the state court action was originally filed

Answer 15

REmoval

Question 16

Claims may be removed to federal court based diversity jdx. if:

1. none of the D’s are citizens of the state in which the case was filed.
2. The D must file the motion for removal with the fed cut within 30 days of receiving the initial complaint from the P
3. all D’s must consent

Answer 16

Removal requirements