SMJ, Notice, Venue Script Flashcards
USC Art. III, §2
Fed Cts have jx over cases arising under the constitution or laws of the US
Osborn
All that’s needed under USC Art. III, §2 for a FQJ is federal law be an ingredient to the case
1331
FQJ
Shulthis
FQJ over state-law claims that “really and substantially involve a dispute or controversy respecting the validity, construction, or effect of federal law.”
Mottley
Overrule Osborn
Well-Pleaded Complaint Rule:
federal law (ingredient) in question must be on the face of the well-pleaded complaint.
American Well-Works
Creation Test:
We ask whether the federal law has created an express cause of action
Smith
State-law claim could give rise to FQJ so long as it appears from the complaint that the right to relief depends upon the construction or application of federal law.
Merrell Dow
If a federal law does not create a private cause of action, a state-created claim can only invoke FQJ if the federal interest in the case is substantial
Grable
Essential Ingredient Test:
(1) Federal Ingredient
(2) + (3) Disputed and substantial
(4) Does not disrupt the balance of state and federal power
1332
DJ, Amt in Controversy
Strawbridge
Complete diversity Rule
Mas
Human is citizen of state she is domiciled in.
Impossible to have more than 1 domicile.
How do you affirmatively change domicile
Randazzo
Corp is citizen of state of incorporation and PPB
Hertz
PPB is nerve center
Belleville
Unincorporated business is domiciled where all members are domiciled
