SMJ

Question 1

State courts v fed. courts

Answer 1

State courts have general smj - can hear any kind of case (except bankruptcy and patent infringement)
-Fed courts have limited SMJ under Art 3 section 2. Can hear cases involving FQ, Diversity

Question 2

Osbourne

Answer 2

Art. 3 section 2 says all that is needed for FQ is a federal ingredient in the case.

Question 3

Motley

Answer 3

Federal law (ingredient) must be on the face of the well pleaded complaint.

Question 4

McDougal

Answer 4

A case arises under federal law if it substantially involves an issue on validity/construction/effect of fed law

Question 5

Wellworks

Answer 5

Creation test; whether the federal law creates an express cause of action
- big piece of pie!

Question 6

Smith/Gully

Answer 6

Essential element test: Issue of federal law must be essential element of the claim and must be actually disputed and substantial (Merrell)

Question 7

Grable

Answer 7

In instances w no express cause of actions, there can still be fed jur if these present:

• raises fed issue based on validity construction or effect of fed law
• law can actually be disputed and substantial
• can be entertained w/o disrupting balance of state and fed power (Merrell)
• private right of action is a welcome mat not a key!!!!*

Question 8

Rule for complete diversity comes from

Answer 8

Strawbridge

Question 9

US citizen domiciled abroad

Answer 9

NOT a citizen of any state and is not an alien, thus cannot be sued on basis of diversity!!!

Question 10

Corporation citizenship

Answer 10

Where incorporated (§1332c1) and where PPOB (where managers. direct, control, coordinate corporate activities) (Hertz - nerve center)

Question 11

Alien residents w perm residency

Answer 11

citizen of state where they are domiciled - this invokes alienage

** this card might not be correct

Question 12

Representatives

Answer 12

citizenship of real party in interest (minor, incompetent, dead) is used for purposes of diversity