Subject Matter Jurisdiction Flashcards

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1
Q

Subject Matter Jurisdiction

A

A federal court is a court of limited jurisdiction and can only hear a claim if it has subject matter jurisdiction.

A federal court has subject matter jurisdiction if there is 1) a federal question, 2) complete diversity of citizenship, or 3) supplemental jurisdiction.

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2
Q

Federal Question

A

Federal question jurisdiction exists if a well-pleaded complaint alleges a claim arising under 1) the US Constitution, 2) federal law or 3) US treaties.

The plaintiff must be enforcing a federal right and cannot raise a defense. The federal question must be present on the face of the complaint.

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3
Q

Diversity of Citizenship

A

Diversity of citizenship exists where

1) there is complete diversity between all the plaintiff and defendants, and 2) the amount in controversy is pled in good faith to be greater than $75,000. P may aggregate his claims.

Diversity is determined at the time the action is commenced.

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4
Q

Supplemental Jurisdiction

A

If a federal court has subject matter jurisdiction over the claims in an action, it may exercise supplemental jurisdiction over additional state law claims when they arise from the same transaction or occurrence.

Can’t be used to overcome a lack of diversity and doesn’t apply to P’s claims against a 3rd party.

Federal court may decline to exercise supplemental jurisdiction where

1) novel/complex state law claim,
2) claim substantially predominates over the others with SMJ,
3) fed court dismissed all claims,
4) exceptional circumstances

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5
Q

Citizenship

A

A party’s citizenship is determined by their domicile.

Individual: An individual is domiciled in the state where they are physically present and have a subjective intent to remain permanently.

Corporation: A corporation has dual citizenship in 1) its state of incorporation and 2) its principal place of business (i.e., headquarters or nerve center)

Unincorporation Association: An unincorporated association has its domicile everywhere its partners are domiciled.

Executor: An executor is domiciled in the state where the decedent was domiciled

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