SMJ

Question 1

Definition

Answer 1

The power of the court over the subject matter or nature or kind of civil action

Question 2

Can parties waive and not object to SMJ?

Answer 2

NO!! the parties may NEVER consent to SMJ and may NEVER waive objections to lack of SMJ. Therefore, the court on its own MUST dismiss action for lack of SMJ.

Question 3

What type of courts are federal courts?

Answer 3

Federal courts are courts of LIMITED jurisdiction, therefore there must be a jurisdictional basis for EACH claim filed in federal court.

Question 4

What are the two primary alternative jurisdictional bases?

Answer 4

1) arising under federal law or

2) Diversity jurisdiction

Question 5

When does a claim ARISING UNDER occur? (2 types)

Answer 5

A claim does arise under federal law if the claim is either
1) created by federal law
2) the claim is created by state law but, it depends on SUBSTANTIAL FEDERAL QUESTION
This means the substantial federal question is a constitutional question

Question 6

well-pleaded complaint rule

Answer 6

The arising under federal law issue must appear on the face of plaintiff’s well plead complaint on part of plaintiff’s own claim and not merely by way of defense.

Question 7

When do federal courts have jurisdiction over diversity claims?

Answer 7

When there is complete diversity and amount in controversy EXCEEDS $75,000.

Question 8

Complete Diversity means?

Answer 8

no single plaintiff may be a citizen of the same state as any single Defendant. (must be complete diversity on both sides of v)

Question 9

What is an individuals citizenship?

Answer 9

where domicile is

Question 10

what is domicile for individuals mean?

Answer 10

1) true home PLUS
2) where intend to remain, or return if not there when law suit is filed.
intent to remain indefinitely

Question 11

When is diversity determined?

Answer 11

when law suit is filed, and not when the cause of action occurred.

Question 12

5 different types of parties for citizenship

Answer 12

1) individuals
2) corporations
3) unincorporated groups (union, partnerships, LLC)
4) Aliens (3 types)
5) minors, etc

Question 13

Where is citizenship for corporations?

Answer 13

2 places
1) state where incorporated AND
2) state where PRINCIPAL PLACE OF BUSINESS is located (headquarters)
need to meet both for complete diversity

Question 14

Where is citizenship for unincorporated associations

Answer 14

EVERY SINGLE owner counts as separate domicile for diversity. Going to be very hard to establish complete diversity because of this.

Question 15

What are the three types of aliens for diversity questions?

Answer 15

1) pure aliens: not admitted as permanent resident
2) admitted as permanent resident
3) american citizen domiciled outside USA

Question 16

Where is diversity for pure aliens?

Answer 16

ANYWHERE. may sue or be sued by non-alien and will be diversity.
- But pure alien may not sue another pure alien in federal court based on diversity

Question 17

Where is diversity for permanent residents?

Answer 17

in the state of permanent residence. They are not deemed to be alien, they are considered wherever their domicile of state is.

Question 18

Where is diversity for an american citizen domiciled outside of USA?

Answer 18

NO WHERE. Can NEVER be sue or be sued based upon diversity.

Question 19

When is amount in controversy required?

Answer 19

ONLY for diversity claims, NEVER for federal questions.

Question 20

What is the amount in controversy required for diversity?

Answer 20

1) must EXCEED $75,000 (needs to be at least $75,000.01.

2) plaintiff view point governs: value of relief sought by at least one P must fully exceed $75k.

Question 21

Can a single P aggregate claims?

Answer 21

A single P may aggregate claims even if they are not related to each other.

Question 22

Can 2 or more P’s add claims together?

Answer 22

NO. 2 or more P’s may not add claims together to exceed $75k if not related.

Question 23

what amount governs for diversity?

Answer 23

The amount the P alleged governs UNLESS it appears to legal certainty P cannot recover that amount.

Question 24

Does the amount recovered by settlement or trial destroy diversity?

Answer 24

No.

Question 25

Even if requirements for diversity are met, when will federal courts decline to hear these cases?

Answer 25

1) core domestic relations matters (issuing alimony, child support etc)
2) core probate matters

Question 26

Supplemental jurisdiction (brief discretion)

Answer 26

where two claims and there is a primary jurisdictional basis for one claim, but not for the other claim, the federal court nonetheless has DISCRETION to assert supplemental jurisdiction

Question 27

When will court hear supplemental jurisdiction

Answer 27

when both claims derive from a COMMON NUCLEUS OF OPERATIVE FACTS

Question 28

narrow exception for supplemental jurisdiction

Answer 28

if only primary jurisdictional basis is DIVERSITY, P cannot use supplemental jurisdiction to bring in additional claims against NON-DIVERSE parties

1) D can use supplemental jurisdiction to bring additional claims against non-diverse parties, even if the only primary jurisdictional basis is diversity.
2) P can use supplemental jurisdiction to bring an additional claims against non-diverse parties, if there is AN ARISING UNDER (federal question) claim
3) P can use supplemental jurisdiction to bring additional claims against DIVERSE parties, even if the additional claims do not exceed $75k

Question 29

How to write essay dealing with SMJ question?

Answer 29

1) the federal courts are courts of limited jurisdiction, there are two primary jurisdictional basis
(a) arising under federal law and
(b) diversity jurisdiction

IN THIS CASE, the first claim does (or does not) arise under federal law b/c it was (was not) created by federal law…

ALTERNATIVELY, there is diversity b/w p and D.

As to claim 2 however, …

Nonethe less…

Question 30

How question will be on essay?

Answer 30

May you be allowed to file in federal court? Or dismiss?

Go through arising under federal law or diversity plus supplemental jurisdiction

Question 31

When will supplemental jurisidction not work?

Answer 31

1) if the primary Jurisdictional basis is DIVERSITY,

2) P’s cannot use supplemental Jurisdiction to bring in additional claims against NON-DIVERSE parties

Question 32

can courts take into consideration punitive damages of P for diviserity requirement of more than 75k?

Answer 32

YES

Question 33

when must personal objections of PJ be made

Answer 33

in FIRST RESPONSE or waived

Question 34

can P aggregate claims

Answer 34

YES. P may aggregate all claims that have against D and if diversity exists and exceed 75k, court can hear case