SMJ

Question 1

What types of SMJ

Answer 1

1. Diversity jx*
2. FQ jx*
3. Removal jx
4. Supplemental jx

* diversity + FQ jx get cases into fed ct

Question 2

Federal courts have _____ SMJ

State court have _______ SMJ

Answer 2

specific - so can only hear certain cases

general - can hear most (except strictly federal like patent infringement, bankruptcy, antitrust, some federal securities)

Question 3

Two ways cases can get into federal cts

Answer 3

1. FQ jx
2. Diversity of citizenship jx

Question 4

in regards to waiver

SMJ ______ waived

PJ _______ waived

Answer 4

SMJ: cannot (bigger abbrv bigger word)

PJ: can (smaller abbrv, smaller word)

Question 5

List (2)

Requirements for diversity of citizenship cases

Answer 5

1. cases is between
   
   1. citizens of different US states -OR-
   2. US citizen and alien
2. AIC is greater than $75,000

Question 6

Complete diversity means that

Answer 6

P cannot be citizen of same state as D

Question 7

When is diversity determined

Answer 7

when case is filed

Question 8

How is citizenship for people determined

Answer 8

US citizen of the state in which they are domiciled

Question 9

List (2)

How is domicile determined

Answer 9

1. physical presence in state
2. 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)

Question 10

Jurisdiction is withdrawn if the action is between citizens of a U.S. state and citizens of a foreign state who are lawfully admitted for permanent residence in the United States and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

Question 11

How is citizenship for a corporation determined

Answer 11

Can have citizenship in EITHER

1. any state where it is incorporated - OR -
2. one state/country where it has PPB

Question 12

Where is the corporation’s PPB?

Answer 12

at the nerve center where corp manages, direct, coordinates … usually the HQ

Question 13

What is the citizenship of an unincorporated corporation

Answer 13

Takes on citizenship of all its members - so corp could be citizen of all 50 states

Question 14

What is the citizenship of an limited partnership corporation

Answer 14

include citizenship of general partners and limited partners

Question 15

What is the citizenship of decedents, minors, incompetents

Answer 15

Need a representative to sue on their behalf but look at the citizenship of the decedents, minors, incompetents … citizenship of representatives if irrelevant

Question 16

What is the citizenship of class action

Answer 16

citizenship of named representative

Question 17

Any single P may aggregate all claims against

Answer 17

single defendant

Question 18

Is there a limit to number of claims a single P may aggregate against single D?

Answer 18

NO

Question 19

Must aggregated claims of single P be related to each other

Answer 19

NO

Question 20

How is AIC for equitable relief satisfied

Answer 20

1. P’s viewpoint: if granted does relief requested have a value of more than $75,000
2. D’s viewpoint: if granted does relief requested by P cost the D more than $75,000

Question 21

“d.cap”

What type of cases do fed ct decline to hear even if all requirements are met

Answer 21

divorce, alimony, child custody, probate/estate

Question 22

What is needed for there to be a FQ

Answer 22

P’s claim must “arise under” federal law

Question 23

For FQ cases need:

Answer 23

1. Pleader must follow a well pleaded complaint, meaning P’s claim must arise under federal law
2. citizenship + AIC are NOT relevant

Question 24

What question do you want to ask to determine if claim falls under FQ jx?

Answer 24

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

Question 25

If D wants to move case from state to fed ct then D:

Answer 25

**removes** to fed ct

Question 26

If removal to fed ct by D is improper then fed ct ______ to state court

Answer 26

remands

Question 27

Is permission need to remove a case to fed ct

Answer 27

no

Question 28

What court does D file notice of removal

Answer 28

state court

Question 29

Who must join in removal

Answer 29

all Ds who have been served with process … *although* *dont need to join in same document*

Question 30

What is the time frame for removal

Answer 30

30 days after **service**

Question 31

If there are multiple D who are served at different time, what is the time frame for removal

Answer 31

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*

Question 32

Can P's remove?

Answer 32

**NEVER EVER EVER!!!!!!!!!**

Question 33

Can P remove if a D files a counterclaim against them

Answer 33

**STILL. NEVER EVER EVER!!!**

Question 34

What cases may be removed?

Answer 34

D can remove cases that meet the requirements for **diversity of** **citizenship** (*including* *alienage*) or **FQ jurisdiction**

Question 35

# List (2) What are the limitations for removal and under which jx requirement do these limitations apply (diversity or FQ)

Answer 35

Limitations are based **ONLY** on **DIVERSITY JX** 1. **_In-state D restriction_** 1. case may **not** be removed if **any** D is a **citizen of state** where case was **filed** 2. **_One Year Time frame restriction_** 1. 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. 1. The other D's will then have a **30 day time frame** to remove the case after the P has **dismissed** the claim.

Question 36

How can a diversity case - *when D is citizen of forum state (in-state D)* - become removable?

Answer 36

When claim **against** in-state D is **voluntarily dismissed**

Question 37

Which fed ct is case **removed** to

Answer 37

Fed ct in the state where action was filed

Question 38

If P moves to **remand** for reason **other than** lack of SMJ, what time limit

Answer 38

P must move to remand no later than **30 days** after D filing notice of removal

Question 39

If P fails to remand to state ct within 30 days then

Answer 39

P waives right to have case remanded to state court and case stays in fed ct

Question 40

If P moves to **remand** for improper SMJ/lacked SMJ, what time limit

Answer 40

no time limit *remember: SMJ can **never** be waived, ct without SMJ is powerless to act on the case*

Question 41

In order to satisfy FQ jurisdiction, the federal question must appear in

Answer 41

The plaintiff's complaint *FQ jx is not satisfied if the federal question appears in the defendant's answer, counterclaim, or cross-claim.*

Question 42

Is FQ jx satisfied if the federal question appears in the defendant's answer, counterclaim, or cross-claim?

Answer 42

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

Question 43

Is there FQ if the P alleges federal issues in ***anticipation*** of some defense?

Answer 43

**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.*

Question 44

The legal representative of the estate of a decedent is deemed to be a citizen of the same state as the decedent.

Question 45

When the United States owns more than half of the capital stock in a corporation incorporated by Congress, the corporation is treated as:

Answer 45

A federal agency that can sue or be sued on that basis in federal court

Question 46

When a plaintiff sues two defendants and only the claim against the first defendant invokes federal question jurisdiction, a federal court:

Answer 46

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

Question 47

Intervention is __________ when the intervenor’s action and the main action have a claim or defense involving a common question of law or fact.

Answer 47

permitted in the court’s discretion

Question 48

For jurisdiction to be valid under a state’s long arm statute, _________ requires that notice of the pending action be provided.

Answer 48

Due Process Clause

Question 49

To establish federal question jurisdiction through a federal statute, the statute __________ expressly provide for a civil cause of action when it is violated.

Answer 49

need not

Question 50

Under the *Erie* doctrine, a federal court exercising **diversity** **jurisdiction** applies state **_substantive**_ law and federal _**procedural_** law.

Question 51

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.