Subject Matter Jurisdiction

Question 1

What is subject matter jurisdiction?

Answer 1

Power of court over a particular case

Question 2

What are the four ways that a federal court can assert subject matter jurisdiction?

Answer 2

1. federal question
2. diversity jurisdiction
3. supplemental jurisdiction
4. removal

Question 3

What is the well-pleaded complaint rule?

Answer 3

For federal courts to have SMJ over federal questions, a question of federal law must arise in P’s affirmative claim

Question 4

When can a federal court assert jurisdiction over a state claim that raises a federal issue?

Answer 4

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

Question 5

When does a court have diversity jurisdiction?

Answer 5

Action between citizens of different states + amount in controversy is greater than $75k

Question 6

What is complete diversity?

Answer 6

In order to assert diversity jurisdiction, no plaintiff and no defendant must be citizens of the same state

Question 7

When is the completeness of a claim measured?

Answer 7

Measured at time suit is filed, but amended complaints that add or dismiss can affect diversity

Question 8

What is an exception to the completeness rule?

Answer 8

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

Question 9

How do courts determine the citizenship of a human being?

Answer 9

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)

Question 10

How do courts determine the citizenship of corporations?

Answer 10

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)

Question 11

How do courts determine the citizenship of unincorporated associations?

Answer 11

For unincorporated associations like unions, LLCs, partnerships, citizenship is the citizenship of every member (could be all 50 states)

Question 12

What does it mean for a plaintiff to aggregate claims?

Answer 12

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

Question 13

What does supplemental jurisdiction allow?

Answer 13

Allows a claim falling outside federal question (FQ) or diversity jurisdiction to piggyback onto a claim that does fall within FQ or diversity

Question 14

What is the first question you ask to determinine supplemental jurisdiction?

Answer 14

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

Question 15

What is the second question you ask to determine supplemental jurisdiction?

Answer 15

Is the anchor claim a federal question?

If yes, advance to step 3. But if not, the anchor claim must be based on diversity.

Question 16

If the anchor claim was based on diversity, what else must you figure out before moving on to step 3?

Answer 16

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

Question 17

What must you ask at step 3 for supplemental jurisdiction?

Answer 17

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

Question 18

What is removal?

Answer 18

D can remove from state to fed court if case could have originally been filed in fed court

Question 19

What is an exception to removal?

Answer 19

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

Question 20

What is the rule on removal if there are multiple defendants?

Answer 20

If there are multiple defendants, removal is only allowed if ALL defendants agree to remove

Question 21

What is the timing rule for removal?

Answer 21

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)

Question 22

What is the timing rule for