subject matter jurisdiction

Question 1

smj

Answer 1

there must be a Constitutional and Congressional grant of SMJ (power)
to the federal district court.

Question 2

constitution creates a constitutional grant of smj and extends the

Answer 2

federal district court’s judicial power primarily to: 1) claims ‘arising under’ the federal
Constitution, federal law, and federal treaties; and 2) claims between citizens of two states, a
citizen of a state and a foreign state, between the states, or if the United States is a party.
.

Question 3

federal question

Answer 3

exists under Article III § 2 for any claim arising under
federal law if a party demonstrates that the federal law is determinative of a right or
title asserted in the complaint. The federal question must be an essential element of a
claim.

Question 4

diversity

Answer 4

Diversity jurisdiction exists under Article III § 2 for claims between citizens of two
different states.

Question 5

congressional grant of smj requires

Answer 5

Congress to, through statutory enactment,
empower a federal district court with jurisdiction to hear a case. Congress has done this
through two statutory enactments creating: 1) Federal Question Jurisdiction, and 2) Diversity
Jurisdiction.

Question 6

federal question congressional

Answer 6

gives the district courts original jurisdiction over civil
actions arising under the Constitution, laws, or treaties of the U.S. It is a narrower
grant than the one found in the U.S. Constitution. The federal question must be: 1)
found in the complaint’s allegations under the well-pleaded complaint rule; and 2)
cannot be satisfied through anticipation of a defendant’s potential defenses or
counterclaims. The federal question can be express or implied in the federal law

Question 7

express/implied right rule

Answer 7

An express right of action requires authorizing language that: 1) creates SMJ
in the district court; 2) creates a federal private right of action; or 3) contains
a statute of limitations provision.
An implied federal question exists only if
the statute creates a duty under state law and the federal issue is: 1)
necessarily raised; 2) actually disputed; 3) substantial; and 4) capable of
resolution in federal court.

Question 8

diversity of citizenship congressional

Answer 8

xtends to cases between diverse parties where there is an
allegation that the amount in controversy exceeds $75k

Question 9

complete diversity congressional

Answer 9

Complete diversity of the parties requires that no party on one side of the
controversy may share citizenship with a party on the other side.

Question 10

supplemental jurisdiction

Answer 10

allows a federal court with valid subject matter jurisdiction over a case to hear additional claims over which the court would NOT independently have jurisdiction if all the claims constitute the same case or controversy. Claims constitute the “same case or controversy” if they arise out of a common nucleus of operative fact (meaning all the claims arise out of the same transaction or occurrence).

Question 11

implied right rule