Subject Matter JDX

Question 1

Subject Matter JDX (SMJ) - Concept

Answer 1

Court’s authority to hear and decide a dispute

Question 2

SMJ - Gral

Answer 2

• Can not be created by parties
• Can not be WAIVED by parties (unlike pjdx)
• Challenge at any time - even post trial motion and appeal
• FARS grounds (federal question, amount + diversity, removal jdx, supplemental jdx)

Question 3

SMJ - grounds for: FARS

Answer 3

1) Federal Question
2) Amount and diversity
3) Removal JDX
4) Supplemental JDX

Question 4

SMJ - FARS - Federal Question

Answer 4

• Case arises under federal C, statute, treaty
• Mere existence of defense under federal law is not enough

Question 5

SMJ - FARS - Amount and Diversity - gral

Answer 5

When dispute between citizens from different states for amount in controversy over $75K

• • diversity has to be complete and established at time of filing suit

Question 6

SMJ - FARS - Amount and Diversity - Specific rules for amount

Answer 6

• Court costs and post judgment interests are not considered
• Attorney fees and costs can be considered for overall amount (if permitted by law or contract)

- Separated claims under 75K can not be aggregated UNLESS mx D’s are joint and severally liable

Question 7

SMJ - FARS - Amount and Diversity - Specific rules for Diversity when trustee / estate executor

Answer 7

• Trustee’s residence controls as if a party
• Estate executor deemed as citizen of state where decedent resided

Question 8

SMJ - FARS - Amount and Diversity - Specific rules for Corporations

Answer 8

• Citizenship on:
  1) Place of incorporation OR
  2) Ppal place of business

Question 9

SMJ - FARS - Amount and Diversity - Specific rules for Class Actions

Answer 9

• Named P must all be diverse from D’s
• _At least 1 of the named P’_s with claim over 75K

Question 10

SMJ - FARS - Removal Jdx - gral

Answer 10

D’s power to remove dispute from state court to federal court

• when mx D: agreement from all

Question 11

SMJ - FARS - Removal Jdx - Timing

Answer 11

30 days from receiving complaint (service)

Question 12

SMJ - FARS - Removal Jdx - Prohibition

Answer 12

When SMJ only on diversity AND case already in court where at least 1 of the D’s is citizen

Question 13

SMJ - FARS - Supplemental Jdx - Gral

Answer 13

Fed court w/jdx over state claims related to other claims where federal jdx already exists bc of federal Q or diversity

Question 14

SMJ - FARS - Removal Jdx - Test for application

Answer 14

Are claims related enough to be part of same case or controversy?

Question 15

SMJ - Special rule for family relations and probate

Answer 15

ALWAYS in state court -i.e. divorce, support