SMJ Flashcards
What types of SMJ
- Diversity jx*
- FQ jx*
- Removal jx
- Supplemental jx
* diversity + FQ jx get cases into fed ct
Federal courts have _____ SMJ
State court have _______ SMJ
specific - so can only hear certain cases
general - can hear most (except strictly federal like patent infringement, bankruptcy, antitrust, some federal securities)
Two ways cases can get into federal cts
- FQ jx
- Diversity of citizenship jx
in regards to waiver
SMJ ______ waived
PJ _______ waived
SMJ: cannot (bigger abbrv bigger word)
PJ: can (smaller abbrv, smaller word)
List (2)
Requirements for diversity of citizenship cases
- cases is between
- citizens of different US states -OR-
- US citizen and alien
- AIC is greater than $75,000
Complete diversity means that
P cannot be citizen of same state as D
When is diversity determined
when case is filed
How is citizenship for people determined
US citizen of the state in which they are domiciled
List (2)
How is domicile determined
- physical presence in state
- intent to make that place their home for the indefinite future (ie taking a job, buying a house, joining civic organizations, registering to vote, qualifying for in-state tuition)
Jurisdiction is withdrawn if the action is between citizens of a U.S. state and citizens of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same U.S. state
How is citizenship for a corporation determined
Can have citizenship in EITHER
- any state where it is incorporated - OR -
- one state/country where it has PPB
Where is the corporation’s PPB?
at the nerve center where corp manages, direct, coordinates … usually the HQ
What is the citizenship of an unincorporated corporation
Takes on citizenship of all its members - so corp could be citizen of all 50 states
What is the citizenship of an limited partnership corporation
include citizenship of general partners and limited partners
What is the citizenship of decedents, minors, incompetents
Need a representative to sue on their behalf but look at the citizenship of the decedents, minors, incompetents … citizenship of representatives if irrelevant
What is the citizenship of class action
citizenship of named representative
Any single P may aggregate all claims against
single defendant
Is there a limit to number of claims a single P may aggregate against single D?
NO
Must aggregated claims of single P be related to each other
NO
How is AIC for equitable relief satisfied
- P’s viewpoint: if granted does relief requested have a value of more than $75,000
- D’s viewpoint: if granted does relief requested by P cost the D more than $75,000
“d.cap”
What type of cases do fed ct decline to hear even if all requirements are met
divorce, alimony, child custody, probate/estate
What is needed for there to be a FQ
P’s claim must “arise under” federal law
For FQ cases need:
- Pleader must follow a well pleaded complaint, meaning P’s claim must arise under federal law
- citizenship + AIC are NOT relevant
What question do you want to ask to determine if claim falls under FQ jx?
If P is enforcing a federal right?
if yes - goes to fed ct under FQ jx
if no - cannot go to fed ct under FQ jx
If D wants to move case from state to fed ct then D:
removes to fed ct
If removal to fed ct by D is improper then fed ct ______ to state court
remands
Is permission need to remove a case to fed ct
no
What court does D file notice of removal
state court
Who must join in removal
all Ds who have been served with process … although dont need to join in same document
What is the time frame for removal
30 days after service
If there are multiple D who are served at different time, what is the time frame for removal
30 days after last D is served
meaning that D served earlier who may have missed the 30 day can join D2 when D2 files for removal
Can P’s remove?
NEVER EVER EVER!!!!!!!!!
Can P remove if a D files a counterclaim against them
STILL. NEVER EVER EVER!!!
What cases may be removed?
D can remove cases that meet the requirements for diversity of citizenship (including alienage) or FQ jurisdiction
List (2)
What are the limitations for removal and under which jx requirement do these limitations apply (diversity or FQ)
Limitations are based ONLY on DIVERSITY JX
-
In-state D restriction
- case may not be removed if any D is a citizen of state where case was filed
-
One Year Time frame restriction
- P has to first dismiss the “controversial” D within a one year time frame after filing the case in order for the other D’s to be able to remove the case to federal court.
- The other D’s will then have a 30 day time frame to remove the case after the P has dismissed the claim.
- P has to first dismiss the “controversial” D within a one year time frame after filing the case in order for the other D’s to be able to remove the case to federal court.
How can a diversity case - when D is citizen of forum state (in-state D) - become removable?
When claim against in-state D is voluntarily dismissed
Which fed ct is case removed to
Fed ct in the state where action was filed
If P moves to remand for reason other than lack of SMJ, what time limit
P must move to remand no later than 30 days after D filing notice of removal
If P fails to remand to state ct within 30 days then
P waives right to have case remanded to state court and case stays in fed ct
If P moves to remand for improper SMJ/lacked SMJ, what time limit
no time limit
remember: SMJ can never be waived, ct without SMJ is powerless to act on the case
In order to satisfy FQ jurisdiction, the federal question must appear in
The plaintiff’s complaint
FQ jx is not satisfied if the federal question appears in the defendant’s answer, counterclaim, or cross-claim.
Is FQ jx satisfied if the federal question appears in the defendant’s answer, counterclaim, or cross-claim?
No!
which means if D is trying to remove to fed ct in a counter or cross it will have to be done on Diversity jx
Is there FQ if the P alleges federal issues in anticipation of some defense?
NO!
A complaint will not create federal question jurisdiction if it alleges federal issues only in anticipation of some defense
The P’s claim MUST ARISE UNDER FEDERAL LAW!
The federal question must appear as part of the plaintiff’s cause of action as set out in a well-pleaded complaint. It is therefore sometimes necessary to determine whether certain allegations are proper in pleading the cause of action, and whether the federal element is essential to the plaintiff’s case.
The legal representative of the estate of a decedent is deemed to be a citizen of the same state as the decedent.
When the United States owns more than half of the capital stock in a corporation incorporated by Congress, the corporation is treated as:
A federal agency that can sue or be sued on that basis in federal court
When a plaintiff sues two defendants and only the claim against the first defendant invokes federal question jurisdiction, a federal court:
May assert jurisdiction over the claim against the second defendant if it arises from the same nucleus of common fact as the claim against the first defendant
Intervention is __________ when the intervenor’s action and the main action have a claim or defense involving a common question of law or fact.
permitted in the court’s discretion
For jurisdiction to be valid under a state’s long arm statute, _________ requires that notice of the pending action be provided.
Due Process Clause
To establish federal question jurisdiction through a federal statute, the statute __________ expressly provide for a civil cause of action when it is violated.
need not
Under the Erie doctrine, a federal court exercising diversity jurisdiction applies state substantive** law and federal **procedural law.
a limited liability company, takes the citizenship of its corporate partners
The gallery was a limited liability company formed in State A with its principal place of business in State A. It had two partners: a corporation organized and headquartered in State A and a second corporation organized and headquartered in Foreign Country A.
he gallery, a limited liability company, takes the citizenship of its two corporate partners, making it a citizen of State A and Foreign Country A.
