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Subject Jdx Flashcards

1
Q

Federal courts have ____ subject matter jdx

A

limited

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2
Q

State courts have ___ subject matter jdx

A

general

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3
Q

A federal court having jdx ____ away from state court

A

does not take concurrent jdx

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4
Q

Subject matter jdx cannot be _____ by the parties

A

waived or construed

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5
Q

Even if a defendant does not move for dismissal under 12(b)(1), if a federal court does not have jurisdiction, the court still __

A

needs to kick case out anytime jdx lacking

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6
Q

Defendants can ___ when a case filed in state court falls within federal subject matter jdx.

A

remove to Fed court

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7
Q

When Ds remove, the case goes to the __

A

nearest Fed court

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8
Q

Send case back to state court

A

remand

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9
Q

Commonly assumed that Ps prefer

A

state court

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10
Q

Article 3 does not actually require __

A

Fed courts

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11
Q

Federal Question statute

A

1331

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12
Q

1331 is about

A

federal Q jdx

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13
Q

1331 says the district courts shall have __

A

original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

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14
Q

Original jdx means

A

case can start in that court

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15
Q

1331 has the ____ as Article 3 but __

A

same language, interprets more strictly

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16
Q

Arguments for Fed Q jdx

A

fed cts expertise in fed law, framers expected state cts to be hostile to federal rights, insulate state courts from unpopular decisions

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17
Q

Well pleaded complain rule holds that a _______ will always satisfy 1331

A

federally created CoA

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18
Q

Well pleaded complaint rule says only jurisdiction if the federal cause of action

A

appears on the face of a complaint that satisfies Rule 8

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19
Q

Mottley rule

A

Well pleaded complaint rule cannot be satisfied based on a defense/counterclaim or by an anticipation of a defense/counterclaim based on federal law.

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20
Q

P generally gets to choose to avoid fed jdx if __

A

only state law claims

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21
Q

A state law claim that is ___ can be removable to federal court

A

completely preempted by federal law

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22
Q

Complete preemption is when

A

federal preemption is so strong that there is no such thing as a state-law claim (not same as conflict or ordinary preemption)

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23
Q

Complete preemption occurs when

A

Congress intended federal statute to provide the exclusive cause of action for the claim and set forth procedures and remedies governing that action. Then it necessarily arises under federal law

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24
Q

statute about diversity jdx

A

1332

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25
1332(a)
diversity jdx when matter in controversy > 75K AND between citizens of different states (or of a foreign state)
26
1332(b)
if diversity jdx judgment results in less than 75K may deny or impose costs on P
27
1332(d) is about
CAFA
28
1332(d)(2)
The district courts have original jurisdiction over a class action in which there are at least 100 members, the matter in controversy exceeds $5,000,000, and any plaintiff is of a state different from any defendant.
29
1332(d)(3)
A district court may decline to exercise jurisdiction over a class action where greater than 1/3 but less than 2/3 of PLs and the primary DFs are citizens of the state in which the action was originally filed based on:
30
1332(d)(5)
No diversity jurisdiction if 2/3+ are nondiverse or defendant is a state government or official
31
arguments in favor of diversity jdx
state cts may not be level playing fields, OG reason state courts would favor creditors over debtors, promoting national economy
32
arguments against diversity jdx
against federalism principles, impedes development of state common law, diminishes incentives for state court reform
33
Strawbridge holding
Complete diversity- every P must be from a different state than every D
34
exception to strawbridge
impleading, Kroger
35
Corporations are domiciled in
place where incorp and principal place of business
36
Unincorporated associations (LLC) domiciled in
every place where members are
37
People are domiciled in
last place where they were both present and intended to remain indefinitely (Mas)
38
A person can ____ domicile
only have one
39
Why sometimes hard to figure out person's domicile
intent- what's in their heads
40
Ceglia factors for determining domicile
voter registration, residence, property, residence of family, bank accounts, membership etc
41
Exceptions to fed diversity jdx
domestic relations and probate must be in state court
42
CAFA requires ____ diversity
only minimal
43
Article 3 ____ minimal diversity under
permits, State Farm
44
Federal Interpleader Act holds that District courts have original jurisdiction over some interpleaders if ___
any two rival claimants are diverse
45
Case about stateless citizens, no domicile
20th century fox
46
Twentieth Century fox holding
jdx not authorized because one D foreign citizen and other domiciled in foreign state (no Ds in action who were domiciled citizens)
47
Ceglia is about
determining domicile of an individual
48
Ceglia rule
Domicile is the place where a person has his "true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Person asserting a change in domicile bears the burden of proof (clear and convincing evidence).
49
Ceglia holding
motion to remand dismissed
50
time of filing rule in Ceglia
where domiciled at time filed case, doesn't change case if domicile changes later
51
What if amend complaint and your domicile changed by then under Ceglia
If amend complaint go with original filing date (15c, 8)
52
Amount in controversy must be claimed in ___
good faith
53
For amount in controversy standard for dismissal based on lack of jurisdictional minimum is __
high
54
For amount in controversy, P may aggregate all ____
claims against single D
55
For amount in controversy, P may not aggregate _____ Ds
claims against different
56
For amount in controversy, multiple Ps _____ but if _____
cannot aggregate claims to meet minimum, one P meets minimum court has supplemental jdx over other claims (Allapattah)
57
For Ds, cannot ___ just because a claim against another DF meets the threshold
add another D for claim of less than 75K
58
Hackman is about
non-aggregation rule for amount in controversy with injunction
59
Hackman rule 1
Separate and distinct claims of 2+ Ps cannot be aggregated to satisfy jdx amount requirement.
60
Hackman rule 2
Amount in controversy for injunction (and punitive damages) is cost of injunction divided by number of beneficiaries.
61
Hackman holding
no diversity jdx because amount less than 75K
62
Hackman reason 1
Amounts in controversy must be divided by 100 beneficiaries.
63
Hackman reason 2
Cost of compliance and punitive damages were both divided by 100. Court divides attorney’s fees by 100 as well because they do not want to keep a case in federal court solely based on that.
64
1441 is about ___
removal
65
Removal statute
1441
66
1441(a)
Any civil action brought in state court of which the district courts have original jurisdiction may be removed by the defendant to the district court for the district embracing the place where such action is pending.
67
1441(b)(2)
Forum Defendant Rule – An action otherwise removable solely on the basis of diversity jurisdiction may not be removed if any of the defendants is a citizen of the state in which the action is brought
68
1441(c)
Joinder of Federal Law Claims and State Law Claims – An entire action may be removed if only some claims are nonremovable. Then, the district court shall sever the nonremovable claims and remand them to the state court.
69
For removal, defendant ___ just file ___. Plaintiff can then __
does not make a motion, notice of removal in district court, file motion to remand
70
Statute about procedure for removal
1446
71
1446 is about
procedure for removal
72
1446(b)(A)
All defendants who have been properly joined and served must join in or consent to the removal of the action.
73
Statute about procedure after removal
1446 (c)
74
1446(c)
If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.
75
1446(e)
If plaintiffs seek to join defendants who would destroy diversity jurisdiction after removal, the court can deny the joiner or permit it and remand the case back to state court.
76
Generally P is the _____ of his claim
master
77
Exception to P being master of his claim
removal
78
What action of a court can destroy diversity Jdx
allowing amendment under 15c
79
____ cannot divest court of jurisdiction like
Unilateral action of one party (dropping all fed claims, change of domicile)
80
Removal must be noticed within ____. No removal after ___
within 30 days of serving D, after one year
81
Notice of removal ___ and ____ state cout
halts the case, divests of jdx
82
State court has no say in ____ of removal
propriety
83
Motion to remand must be ___
filed within 30 days of notice of removal
84
_____ is always grounds for remand
Lack of subject matter jdx
85
There is no _____ for remand decisions except
appellate review, class actions
86

FRCP (18 decks)

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