Subject Matter Jurisdiction Flashcards
What is subject matter jurisdiction?
Power of court over a particular case
What are the four ways that a federal court can assert subject matter jurisdiction?
- federal question
- diversity jurisdiction
- supplemental jurisdiction
- removal
What is the well-pleaded complaint rule?
For federal courts to have SMJ over federal questions, a question of federal law must arise in P’s affirmative claim
When can a federal court assert jurisdiction over a state claim that raises a federal issue?
If the federal question is:
i) Necessarily raised;
ii) Actually disputed;
iii) Substantial; and
iv) Capable of resolution in federal court without disrupting the federal-state balance approved by Congress
When does a court have diversity jurisdiction?
Action between citizens of different states + amount in controversy is greater than $75k
What is complete diversity?
In order to assert diversity jurisdiction, no plaintiff and no defendant must be citizens of the same state
When is the completeness of a claim measured?
Measured at time suit is filed, but amended complaints that add or dismiss can affect diversity
What is an exception to the completeness rule?
Class actions where more than 100 persons and $5M. In that case, diversity need only be “minimal” – a single P diverse from a single D
How do courts determine the citizenship of a human being?
Person is a citizen of the state where resides and intends to remain indefinitely
(can only be a citizen of one place at a time)
How do courts determine the citizenship of corporations?
A corporation could be a citizen of 2 places: Citizen of state where incorporated and state in which it maintains its principal place of business (nerve center)
How do courts determine the citizenship of unincorporated associations?
For unincorporated associations like unions, LLCs, partnerships, citizenship is the citizenship of every member (could be all 50 states)
What does it mean for a plaintiff to aggregate claims?
If a P brings multiple claims against a single D, those will be added together to see if amount in controversy reached
The claims could be totally unrelated, no same transaction or occurrence requirement
What does supplemental jurisdiction allow?
Allows a claim falling outside federal question (FQ) or diversity jurisdiction to piggyback onto a claim that does fall within FQ or diversity
What is the first question you ask to determinine supplemental jurisdiction?
Does claim 2 (the piggyback claim) arise from same transaction/occurrence as one with FQ or diversity (anchor claim)?
If not, no supplemental. If yes, advance to step 2
What is the second question you ask to determine supplemental jurisdiction?
Is the anchor claim a federal question?
If yes, advance to step 3. But if not, the anchor claim must be based on diversity.
If the anchor claim was based on diversity, what else must you figure out before moving on to step 3?
Need to determine how they were brought into the suit. If the claim was brought in by the plaintiff with Rule 14, 19, 20, or 24, then supplemental jurisdiction is not available for these claims. This is because the plaintiff may be trying to sneak their claims in.
If plaintiff did not do that, or if the defendant brought the claim in, then you can advance to step 3
What must you ask at step 3 for supplemental jurisdiction?
Even if steps 1 and 2 are satisfied, is there a good reason for the court to decline anyway? Some possible reasons include:
i) Involves novel or complex issue of state law;
ii) Claim “substantially dominates” over FQ or diversity;
iii) Anchor claim was dismissed;
iv) Other compelling reasons
What is removal?
D can remove from state to fed court if case could have originally been filed in fed court
What is an exception to removal?
The home-state defendant rule states that the defendant cannot remove if:
a. federal jurisdiction would be grounded only in diversity jurisdiction, and
b. defendant is a citizen of state where P filed suit
What is the rule on removal if there are multiple defendants?
If there are multiple defendants, removal is only allowed if ALL defendants agree to remove
What is the timing rule for removal?
D must remove within 30 days of when grounds become apparent
Normally, when D served w/ complaint, can be later: if P amends, then 30 days from that point
Multiple Ds, later service on other Ds gives them, not D1, right to choose (but D1 can join later D’s removal)
What is the timing rule for
