SMJ Flashcards
What is the basic idea of subject matter jurisdiction?
Subject matter jurisdiction (“SMJ”) is about the court’s power over the case, and not over the parties. Federal courts have limited subject matter jurisdiction, so they can only hear certain kinds of cases. What about state courts? As a general rule, state courts can hear any kind of case. They have general subject matter jurisdiction. Within a state court system, there will be some type of court that can hear a case.
What cases can the state courts cannot hear?
There are a few federal cases that state courts cannot hear, such as patent infringement, bankruptcy, some federal securities, and antitrust claims. But most cases arising under federal law can be heard by state courts.
What federal courts have limited subject matter jurisdiction?
The two main types of cases that can be heard in federal court are federal question (“FQ”) jurisdiction and diversity of citizenship jurisdiction, which includes the so-called “alienage” jurisdiction.
A lack of SMJ (unlike a lack of PJ) cannot be waived. If a case does not invoke federal SMJ, the federal court cannot hear the case. If it does, the judgment is void.
What is diversity of citizenship?
There are two requirements for diversity of citizenship(or alienage) cases:
• The case is either (a) between citizens of different U.S. states (diversity); or
(b) between a citizen of a U.S. state and a citizen of a foreign country (alienage); and
• The amount in controversy exceeds $75,000.
Who are the right kinds of litigants?
Diversity of citizenship jurisdiction does not exist if any plaintiff is a citizen of the same state as any defendant; this is the complete diversity rule. Whether there is diversity is determined when the case is filed.
What is the citizenship of a natural person?
The citizenship of a person who is a U.S. citizen is the one U.S. state in which she is domiciled; a person can have only one domicile. There is no such thing as a person without a domicile; everyone has a domicile. That domicile is retained until it is changed. How do you establish a new domicile? It takes two things: (1) physical presence in the new domicile and (2) the intent to make that place your home for the indefinite future. For intent, courts look to all relevant factors—like taking a job, buying a house, joining civic organizations, registering to vote, qualifying for in-state tuition, etc.
What is the citizenship of a corporation?
A corporation is a citizen of any state or country in which it is incorporated and of the one state or country in which it has its principal place of business (“PPB”). Although a corporation can be incorporated in more than one place, it is incredibly rare in real life and on the exam. So, there is usually one place of incorporation. Where is the corporation’s PPB? It is the state from which the corporation’s managers direct, coordinate, and control business activities. We also call this the “nerve center.” It is usually the site of the corporate headquarters.
What is the citizenship of an unicorporated association?
An unincorporated association takes on the citizenships of all of its members. If it’s a limited partnership, you include the citizenships of general and limited partners.
What is the citizenship of decedents, minors, and incompetents?
Decedents, minors, and incompetent persons must sue or be sued through a representative. The representative’s citizenship is irrelevant. You use the citizenship of the decedent, minor, or incompetent.
What are class actions?
For class actions, the citizenship of the named representative(s) of the class is used
How much is the amount in controversy required for diversity of citizenship?
In addition to complete diversity or alienage, the plaintiff’s claim(s) must exceed $75,000.
How is the amount in controversy calculated?
Only the claim itself is considered. Litigation costs or interest on the claim are not included. Interest can be a little tricky. What is meant here is prejudgment interest that results from delay of payment due to the litigation. Interest that is, for example, part of the loan agreement or contract is included because it is part of the claim itself.
So, the claim itself must exceed $75,000. Whatever the plaintiff claims in good faith is OK unless it is clear to a legal certainty that she cannot recover more than $75,000.
What is the aggregation of claims?
Aggregation means adding two or more claims to meet the amount in controversy requirement. For purposes of meeting the jurisdictional amount, any single plaintiff may aggregate all of her claims against a single defendant. Is there a limit to the number of claims a single plaintiff may aggregate against a single defendant? No. Must the claims be related to each other? No.
How are joint claims handled?
There is a special rule for joint claims: You use the total value of the claim. With joint claims, the number of parties is irrelevant.
What is equitable relief?
Equitable relief includes the issuance of an injunction, specific performance, rescission of a contract, etc. How do we determine if the amount in controversy has been satisfied? There are two tests; if either is met, most courts find
that the amount in controversy is satisfied.
• One test looks at the plaintiff’s viewpoint. If granted, does the relief requested have a value of more than $75,000 to the plaintiff?
• The other test looks at the defendant’s viewpoint. If granted, will the relief requested by the plaintiff cost the defendant more than $75,000?