Subject matter JDX

Question 1

Federal Courts are courts of limited

Answer 1

Subject Matter Jurisdiction

Question 2

Subject Matter Jurisdiction cannot be waived and can be

Answer 2

raised by any party at any time

Question 3

There are two ways to obtain subject matter jurisdiction over a case

Answer 3

1) Federal Question

2) Diversity Jurisdiction

Question 4

A Federal court has no jurisdiction over

Answer 4

Probate or domestic relations cases

Question 5

In order for a court to obtain Federal Question Jurisdiction

Answer 5

A federal claim must appear on the face of the plaintiff’s well pleaded complaint

Question 6

Only the ______ claims count for determining federal question jurisdiction

Answer 6

Plaintiffs

(A defendant’s counterclaim that is based in federal law does not bring a case within federal question jurisdiction)

Question 7

There are 2 requirements for a federal court to have diversity jurisdiction

Answer 7

1) There must be complete diversity at the time of the suit; and

2) The amount in controversy must exceed 75,000

Question 8

Complete diversity means that

Answer 8

Every plaintiff is from a different state than every defendant

(Not every P has to be diverse from every P and every D does not have to be diverse from every D

Question 9

There are 3 exceptions that allow a court to have diversity jurisdiction without complete diversity

Answer 9

1) Federal interpleader act

2) Class actions with at least 100 class members and claims worth more than 5 million

3) Interstate mass torts if at least 75 people died

Question 10

When will a court dismiss lack of a amount in controversy

Answer 10

When it appears to a legal certainty that the claim will cannot exceed the amount in controversy

Question 11

To exceed the amount in Controversy The plaintiffs claim must be made in

Answer 11

1) good faith
2) Exceed 75,000

Question 12

The citizenship of a party depends on

Answer 12

Whether the party is a human or a entity

Question 13

Individuals that are U.S. citizens are citizens of

Answer 13

The state they are domiciled in

Question 14

A domicile is

Answer 14

1) The individual’s place of permanent residence +
2) The intent to remain there indefinitely

Question 15

For a alien of a foreign country, diversity jurisdiction

Answer 15

exists

Question 16

An alien that is a U.S. Permanent Resident is treated as a citizen of

Answer 16

The state he is domiciled in

Question 17

Generally, the citizenship of representatives control. However,

Answer 17

When a case is about litigation of a decedent’s estate, a minor, or incompetent person, the citizenship of that relevant person controls

Question 18

The citizenship of class actions is determined by

Answer 18

The citizenship of the named or representative parties.

Question 19

The citizenship of corporations is

Answer 19

1) The state that they are incorporated ; and
2) There their principal place of business (executive offices) is located

Question 20

The citizenship of of partnerships is

Answer 20

A partnership is a citizen in which its partners are citizens (applies to limited partnership, trade associations, and unions)

Question 21

Moving is permitted even if it is done with the purpose of affecting diversity so long as

Answer 21

the change in domicile is real

Question 22

Assignment of a claim is permitted so long as

Answer 22

The assignment is 1) Complete and 2) for value

Question 23

A partial assignment for debt collection does

Answer 23

not effect citizenship if the assignor retains an interest in the claim

Question 24

D

Question 25

Diversity is determined when

Answer 25

The case is filed

Question 25

A partial assignment for debt collection does

Answer 25

not effect citizenship if the assignor retains an interest in the claim

Question 26

In Diversity cases, impleader claims come

Answer 26

Within the courts SMJ, citizenship of the parties does not matter. Only extends to claims made by D to third party D