Subject Matter Jurisdiction Flashcards
State courts can hear any kind of case as for SMJ. T/F
True
Main bases for federal SMJ:
Federal questions
Diversity of citizenship
A lack of federal SMJ can be waived. T/F
No (unlike a lack of PJ)
Diversity requires:
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
Complete diversity rule:
No SMH if any P is citizen of the same state as any D
Someone with a green card is not a citizen of a state for diversity purposes. T/F
True
Citizenship of a person is ____.
The ONE state in which the person is domiciled
How to change domicile:
Physical presence in new place
AND
Subjective intent to make that place your home for the indefinite future
Diversity can change after a case is filed. T/F
False
Corporations are citizens of ___ and ___.
Any state in which it is incorporated
The ONE state in which it has its principal place of business
PPB is where the corp’s ____.
Managers direct, coordinate, and control the business
Unincorporated associations (like partnerships) take on citizenship/s of _____.
All of its members
An amount over $75k is ok unless it is ___ that the recovery would not exceed that amount.
Clear to a legal certainty
Separate Ps can aggregate claims against the same D to meet the $75k minimum. T/F
False. One P can aggregate their own, even unrelated claims against the same D
P gets federal SMJ if she sues joint Ds for over $75k. T/F
True
Equitable remedies— how do we know if the amount in controversy is satisfied?
Two tests:
Look to P’s viewpoint on what they’d gain, or
Look to D’s viewpoint on what they’d lose
Excluded cases form diversity jurisdiction are:
Divorce, alimony, child custody, and probate actions
P can’t create diversity by changing state citizenship before suit is commenced. T/F
False. She can do this as long as it’s a genuine change, and if it’s after the cause of action accrued
Federal question cases require:
P who is asking to enforce a federal right, and
P files a well pleaded complaint
D may remove a case to fed court only if ___.
The case could have been filed in fed court originally
D must remove no later than ___ after ____.
30 days;
Service (NOT filing) of the first paper that shows that the case is removable
Some D’s can refrain from joining in removal. T/F
False. All who’ve been served with process must join in removal
If a later-served D initiates removal to fed court, can an earlier D join even if their 30-day period is up?
Yes
Two limitations on D removing a case based on diversity of citizenship:
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
If there is a voluntary dismissal of a claim against an in-state defendant, a remaining diverse defendant can remove within ___ days.
30 (just like the original timeline for removal) — BUT only if it’s within a year after the case was filed
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____.
30
Waived
