Subject Matter Jurisdiction

Question 1

Subject Matter Jurisdiction

Answer 1

“court’s power to hear a case because of the nature of the dispute, as distinct from its power to enter a judgment against a particular defendant”, focuses on which court system, as opposed to which state

Question 2

Title 28, §1331: Federal Question Jurisdiction

Answer 2

District courts have original jurisdiction over actions arising from the constitution, laws or treaties.

Question 3

Title 28, §1332: Diversity Jurisdiction

Answer 3

District courts have jurisdiction over cases with complete diversity and a value greater than $75,000

Question 4

Title 28, §1441(a): Removal

Answer 4

Defendant may remove a civil case from state court to federal court

Question 5

Title 28, §1441(b)(2): Hometown Defendant Rule

Answer 5

Defendant cannot remove if they are a citizen of the forum state

Question 6

Title 28, §1446(a): Removal Notice

Answer 6

• Removal notice must contain a “short and plain statement of the grounds for removal”
• Defendant who provides untrue information risks Rule 11 sanctions

Question 7

Title 28, §1446(b)(1) and (3)

Answer 7

• Defendant must file removal notice within 30 days of receiving complaint or
• Within 30 days of receiving amended pleading

Question 8

Title 28, §1446(c)(2)

Answer 8

Amount a plaintiff sues is the amount in controversy, even if could sue for more

Question 9

Louisville & Nashville Railroad v. Mottley

Answer 9

Well-pleaded complaint rule: the plaintiff must put forward a federal question in the complaint to establish federal question jurisdiction. It is not enough for the court to anticipate a defense which may contain a federal question. This rule is conclusive/a bright line.

Question 10

Hertz Corp. v. Friend

Answer 10

In the context of subject matter jurisdiction, the ‘principal place of business’ means “the place where a corporation’s officers direct, control, and coordinate the corporation’s activities” - the ‘nerve center’

Question 11

Federal Question ‘Arising Under’ Jurisdiction

Answer 11

Federal courts have subject matter jurisdiction over any case in which the plaintiff or defendant raises a question of federal law.

Question 12

Establishing Federal Question Jurisdiction

Answer 12

Holmes’ Creation Test: federal law expressly gives rise to the cause of action
OR
1. There is a substantial federal question in the claims of the plaintiff and
2. Federal question is serious and important and
3. Federal court is not overwhelmed

Question 13

Complete Diversity Requirements for Subject Matter Jurisdiction

Answer 13

• Citizen A v. Citizen B
• Citizen A v. Foreign Citizen
• Citizen A and Foreign Citizen v. Citizen B
• Citizen A v. Citizen B and Foreign Citizen
• Foreign State v. Citizen A
• No plaintiff may be a citizen of the same state as any defendant (no similarities across v. but within is ok)

Question 14

State Citizenship for Individuals

Answer 14

1. US citizen
2. Domiciled in state

Question 15

Domicile

Answer 15

1. Physical presence
2. Intent to remain

Question 16

State Citizenship for Corporations

Answer 16

1. Incorporated in the state
2. Principal place of business

Question 17

Amount in Controversy Requirements

Answer 17

Plaintiff must sue for more than $75,000.

Question 18

Adding Amounts in Controversy
1. 1 plaintiff v. 1 defendant
2. 1 plaintiff v. multiple defendants
3. Multiple plaintiffs v. 1 defendant

Answer 18

1. Add plaintiff’s claim amounts together, even if unrelated
2. Cannot add claims and the plaintiff must meet the minimum for each individual defendant
3. Cannot add claims unless the plaintiffs are enforcing a single title or if the claims arise from the same occurrence and at least one plaintiff can satisfy the minimum

Question 19

Moving Between Courts

Answer 19