Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

FRCP > Subject Jdx > Flashcards

Subject Jdx Flashcards

1
Q

Federal courts have ____ subject matter jdx

A

limited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

State courts have ___ subject matter jdx

A

general

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A federal court having jdx ____ away from state court

A

does not take concurrent jdx

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Subject matter jdx cannot be _____ by the parties

A

waived or construed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

remove to Fed court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When Ds remove, the case goes to the __

A

nearest Fed court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Send case back to state court

A

remand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Commonly assumed that Ps prefer

A

state court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Article 3 does not actually require __

A

Fed courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Federal Question statute

A

1331

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

1331 is about

A

federal Q jdx

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Original jdx means

A

case can start in that court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

1331 has the ____ as Article 3 but __

A

same language, interprets more strictly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A

federally created CoA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

P generally gets to choose to avoid fed jdx if __

A

only state law claims

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

completely preempted by federal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

statute about diversity jdx

A

1332

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

1332(a)

A

diversity jdx when matter in controversy > 75K AND between citizens of different states (or of a foreign state)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

1332(b)

A

if diversity jdx judgment results in less than 75K may deny or impose costs on P

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

1332(d) is about

A

CAFA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

1332(d)(2)

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

1332(d)(3)

A

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:

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

1332(d)(5)

A

No diversity jurisdiction if 2/3+ are nondiverse or defendant is a state government or official

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

arguments in favor of diversity jdx

A

state cts may not be level playing fields, OG reason state courts would favor creditors over debtors, promoting national economy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

arguments against diversity jdx

A

against federalism principles, impedes development of state common law, diminishes incentives for state court reform

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Strawbridge holding

A

Complete diversity- every P must be from a different state than every D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

exception to strawbridge

A

impleading, Kroger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Corporations are domiciled in

A

place where incorp and principal place of business

36
Q

Unincorporated associations (LLC) domiciled in

A

every place where members are

37
Q

People are domiciled in

A

last place where they were both present and intended to remain indefinitely (Mas)

38
Q

A person can ____ domicile

A

only have one

39
Q

Why sometimes hard to figure out person’s domicile

A

intent- what’s in their heads

40
Q

Ceglia factors for determining domicile

A

voter registration, residence, property, residence of family, bank accounts, membership etc

41
Q

Exceptions to fed diversity jdx

A

domestic relations and probate must be in state court

42
Q

CAFA requires ____ diversity

A

only minimal

43
Q

Article 3 ____ minimal diversity under

A

permits, State Farm

44
Q

Federal Interpleader Act holds that District courts have original jurisdiction over some interpleaders if ___

A

any two rival claimants are diverse

45
Q

Case about stateless citizens, no domicile

A

20th century fox

46
Q

Twentieth Century fox holding

A

jdx not authorized because one D foreign citizen and other domiciled in foreign state (no Ds in action who were domiciled citizens)

47
Q

Ceglia is about

A

determining domicile of an individual

48
Q

Ceglia rule

A

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
Q

Ceglia holding

A

motion to remand dismissed

50
Q

time of filing rule in Ceglia

A

where domiciled at time filed case, doesn’t change case if domicile changes later

51
Q

What if amend complaint and your domicile changed by then under Ceglia

A

If amend complaint go with original filing date (15c, 8)

52
Q

Amount in controversy must be claimed in ___

A

good faith

53
Q

For amount in controversy standard for dismissal based on lack of jurisdictional minimum is __

A

high

54
Q

For amount in controversy, P may aggregate all ____

A

claims against single D

55
Q

For amount in controversy, P may not aggregate _____ Ds

A

claims against different

56
Q

For amount in controversy, multiple Ps _____ but if _____

A

cannot aggregate claims to meet minimum, one P meets minimum court has supplemental jdx over other claims (Allapattah)

57
Q

For Ds, cannot ___ just because a claim against another DF meets the threshold

A

add another D for claim of less than 75K

58
Q

Hackman is about

A

non-aggregation rule for amount in controversy with injunction

59
Q

Hackman rule 1

A

Separate and distinct claims of 2+ Ps cannot be aggregated to satisfy jdx amount requirement.

60
Q

Hackman rule 2

A

Amount in controversy for injunction (and punitive damages) is cost of injunction divided by number of beneficiaries.

61
Q

Hackman holding

A

no diversity jdx because amount less than 75K

62
Q

Hackman reason 1

A

Amounts in controversy must be divided by 100 beneficiaries.

63
Q

Hackman reason 2

A

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
Q

1441 is about ___

A

removal

65
Q

Removal statute

A

1441

66
Q

1441(a)

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
Q

1441(b)(2)

A

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
Q

1441(c)

A

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
Q

For removal, defendant ___ just file ___. Plaintiff can then __

A

does not make a motion, notice of removal in district court, file motion to remand

70
Q

Statute about procedure for removal

A

1446

71
Q

1446 is about

A

procedure for removal

72
Q

1446(b)(A)

A

All defendants who have been properly joined and served must join in or consent to the removal of the action.

73
Q

Statute about procedure after removal

A

1446 (c)

74
Q

1446(c)

A

If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.

75
Q

1446(e)

A

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
Q

Generally P is the _____ of his claim

A

master

77
Q

Exception to P being master of his claim

A

removal

78
Q

What action of a court can destroy diversity Jdx

A

allowing amendment under 15c

79
Q

____ cannot divest court of jurisdiction like

A

Unilateral action of one party (dropping all fed claims, change of domicile)

80
Q

Removal must be noticed within ____. No removal after ___

A

within 30 days of serving D, after one year

81
Q

Notice of removal ___ and ____ state cout

A

halts the case, divests of jdx

82
Q

State court has no say in ____ of removal

A

propriety

83
Q

Motion to remand must be ___

A

filed within 30 days of notice of removal

84
Q

_____ is always grounds for remand

A

Lack of subject matter jdx

85
Q

There is no _____ for remand decisions except

A

appellate review, class actions

86
Q
A

FRCP (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions