Subject Matter Jurisdiction

Question 1

Basic Idea

Answer 1

The court’s power over the case –> NOT the Parties (that’s PJ)

Question 2

State Court SMJ

Answer 2

General - Basically can hear anything

Question 3

Federal Court SMJ

Answer 3

Limited to Diversity and Federal Question

Question 4

Diversity Requirements

Answer 4

1) Citizens of different states/countries (One must be a US Citizen)
2) Amount in Controversy over $75K

Question 5

Complete Diversity Rule

Answer 5

No good if ANY Plaintiff is a citizen of the same state as ANY D

Question 6

Alien Permanent Resident Exception

Answer 6

If an alien is a permanent resident of the same US state = NO Diversity

Still an alien case, but Congress withdrew diversity (statutory restriction)

Question 7

For a human, who is a US citizen, what is the US state of her citizenship?

Answer 7

State of domicile

Question 8

Is there such a thing as a human without a domicile?

Answer 8

Fuck no

Question 9

Can a person have more than one domicile?

Answer 9

Fuck no

Question 10

Elements to Change Domicile (2)

Answer 10

1) Intent

2) Actually have a physical presence

Question 11

Is DC a state?

Answer 11

Fuck no, but in diversity context a big fuck yes

Question 12

When is diversity determined?

Answer 12

On date of filing

Question 13

What is the Citizenship of a Corporation?

Answer 13

1) State of Incorporation
2) Principal Place of Business (HQ)

Question 14

Principal Place of Business Definition

Answer 14

Place where managers direct, coordinate, and control business activity (“nerve center”)

Question 15

Citizenship of an Unincorporated Association (Partnership, LLC, etc.)

Answer 15

Any place where ANY member is domiciled

Question 16

If it’s a limited partnership, do you include the citizenships of the general and limited partners?

Answer 16

Fuck yes –> ANY MEMEBER

Question 17

T/F - A human can be a citizen of only one US state at a time

Answer 17

True

Question 18

T/F - A corporation can be a citizen of two US states at one time

Answer 18

So fucking true

Question 19

T/F - An unincorporated association can be a citizen of all 50 US States at one time

Answer 19

Maybe the most true an answer has ever been

Question 20

Citizenship of Decedents, Minors, or Incompetents

Answer 20

Use the citizenship of the person, not the representative

Representative is a useless lil bitch

Question 21

Amount in Controversy

Answer 21

Must exceed $75K

Question 22

1 P v. 1 D; 2 Claims - Can you aggregate?

Answer 22

Fuck yes

Question 23

2 P v. 1 D; 2 Claims - Can you aggregate?

Answer 23

Fuck no

Question 24

Good Faith Claim Rule

Answer 24

Whatever the P claims in good faith is OK unless it is a CLEAR LEGAL CERTAINTY that she cannot recover $75,000

Question 25

P sues for more than $75K but like an idiot only wins $10K. Did the Court lack SMJ? Why or why not?

Answer 25

No –> Based on the amount ALLEGED not actually received

Question 26

Joint Parties Aggregation Rules

Answer 26

With joint claims, the number of parties is irrelevant

Question 27

Exclusions Rule

Answer 27

Even if the requirements for diversity or alienage case are met, federal courts decline to hear some cases cause they are lazy

Question 28

What are the Exclusions? (4)

Answer 28

1. Divorce
2. Alimony
3. Child Custody
4. Probate

Question 29

Federal Questions Case Rule

Answer 29

The claim in P’s complaint arises under federal law

Question 30

In an FQ case, is the citizenship of the parties relevant?

Answer 30

Fuck no

Question 31

In an FQ case, is the amount in controversy relevant?

Answer 31

Fuck no

Question 32

Well Pleaded Complaint Rule

Answer 32

The P’s claim itself must “arise under” federal law. Look at the claim and ignore other material P alleged

Question 33

Unless the exam question says the claim is based upon a federal law, are regular tort, contract, and property claims federal?

Answer 33

NO –> state law