Subject Matter Jurisdiction

Question 1

State courts can hear any kind of case as for SMJ. T/F

Answer 1

True

Question 2

Main bases for federal SMJ:

Answer 2

Federal questions

Diversity of citizenship

Question 3

A lack of federal SMJ can be waived. T/F

Answer 3

No (unlike a lack of PJ)

Question 4

Diversity requires:

Answer 4

Right kind of litigants (dispute between citizens of different US states or between citizen of foreign country and citizen of US state)

AND

Amount in controversy above $75,000

Question 5

Complete diversity rule:

Answer 5

No SMH if any P is citizen of the same state as any D

Question 6

Someone with a green card is not a citizen of a state for diversity purposes. T/F

Answer 6

True

Question 7

Citizenship of a person is ____.

Answer 7

The ONE state in which the person is domiciled

Question 8

How to change domicile:

Answer 8

Physical presence in new place
AND
Subjective intent to make that place your home for the indefinite future

Question 9

Diversity can change after a case is filed. T/F

Answer 9

False

Question 10

Corporations are citizens of ___ and ___.

Answer 10

Any state in which it is incorporated

The ONE state in which it has its principal place of business

Question 11

PPB is where the corp’s ____.

Answer 11

Managers direct, coordinate, and control the business

Question 12

Unincorporated associations (like partnerships) take on citizenship/s of _____.

Answer 12

All of its members

Question 13

An amount over $75k is ok unless it is ___ that the recovery would not exceed that amount.

Answer 13

Clear to a legal certainty

Question 14

Separate Ps can aggregate claims against the same D to meet the $75k minimum. T/F

Answer 14

False. One P can aggregate their own, even unrelated claims against the same D

Question 15

P gets federal SMJ if she sues joint Ds for over $75k. T/F

Answer 15

True

Question 16

Equitable remedies— how do we know if the amount in controversy is satisfied?

Answer 16

Two tests:
Look to P’s viewpoint on what they’d gain, or
Look to D’s viewpoint on what they’d lose

Question 17

Excluded cases form diversity jurisdiction are:

Answer 17

Divorce, alimony, child custody, and probate actions

Question 18

P can’t create diversity by changing state citizenship before suit is commenced. T/F

Answer 18

False. She can do this as long as it’s a genuine change, and if it’s after the cause of action accrued

Question 19

Federal question cases require:

Answer 19

P who is asking to enforce a federal right, and

P files a well pleaded complaint

Question 20

D may remove a case to fed court only if ___.

Answer 20

The case could have been filed in fed court originally

Question 21

D must remove no later than ___ after ____.

Answer 21

30 days;

Service (NOT filing) of the first paper that shows that the case is removable

Question 22

Some D’s can refrain from joining in removal. T/F

Answer 22

False. All who’ve been served with process must join in removal

Question 23

If a later-served D initiates removal to fed court, can an earlier D join even if their 30-day period is up?

Answer 23

Yes

Question 24

Two limitations on D removing a case based on diversity of citizenship:

Answer 24

Any D is a citizen of the forum state (the “in-state defendant rule”),
Or,
It is more than one year after the case was filed in state court

Question 25

If there is a voluntary dismissal of a claim against an in-state defendant, a remaining diverse defendant can remove within ___ days.

Answer 25

30 (just like the original timeline for removal) — BUT only if it’s within a year after the case was filed

Question 26

P must move to remand within ___ if it’s based on something other than SMJ. But ordering a remand because of a lack of SMJ is never____.

Answer 26

30

Waived