Subject Matter Jurisdiction Flashcards
Basic Idea
The court’s power over the case –> NOT the Parties (that’s PJ)
State Court SMJ
General - Basically can hear anything
Federal Court SMJ
Limited to Diversity and Federal Question
Diversity Requirements
1) Citizens of different states/countries (One must be a US Citizen)
2) Amount in Controversy over $75K
Complete Diversity Rule
No good if ANY Plaintiff is a citizen of the same state as ANY D
Alien Permanent Resident Exception
If an alien is a permanent resident of the same US state = NO Diversity
Still an alien case, but Congress withdrew diversity (statutory restriction)
For a human, who is a US citizen, what is the US state of her citizenship?
State of domicile
Is there such a thing as a human without a domicile?
Fuck no
Can a person have more than one domicile?
Fuck no
Elements to Change Domicile (2)
1) Intent
2) Actually have a physical presence
Is DC a state?
Fuck no, but in diversity context a big fuck yes
When is diversity determined?
On date of filing
What is the Citizenship of a Corporation?
1) State of Incorporation
2) Principal Place of Business (HQ)
Principal Place of Business Definition
Place where managers direct, coordinate, and control business activity (“nerve center”)
Citizenship of an Unincorporated Association (Partnership, LLC, etc.)
Any place where ANY member is domiciled
If it’s a limited partnership, do you include the citizenships of the general and limited partners?
Fuck yes –> ANY MEMEBER
T/F - A human can be a citizen of only one US state at a time
True
T/F - A corporation can be a citizen of two US states at one time
So fucking true
T/F - An unincorporated association can be a citizen of all 50 US States at one time
Maybe the most true an answer has ever been
Citizenship of Decedents, Minors, or Incompetents
Use the citizenship of the person, not the representative
Representative is a useless lil bitch
Amount in Controversy
Must exceed $75K
1 P v. 1 D; 2 Claims - Can you aggregate?
Fuck yes
2 P v. 1 D; 2 Claims - Can you aggregate?
Fuck no
Good Faith Claim Rule
Whatever the P claims in good faith is OK unless it is a CLEAR LEGAL CERTAINTY that she cannot recover $75,000
P sues for more than $75K but like an idiot only wins $10K. Did the Court lack SMJ? Why or why not?
No –> Based on the amount ALLEGED not actually received
Joint Parties Aggregation Rules
With joint claims, the number of parties is irrelevant
Exclusions Rule
Even if the requirements for diversity or alienage case are met, federal courts decline to hear some cases cause they are lazy
What are the Exclusions? (4)
- Divorce
- Alimony
- Child Custody
- Probate
Federal Questions Case Rule
The claim in P’s complaint arises under federal law
In an FQ case, is the citizenship of the parties relevant?
Fuck no
In an FQ case, is the amount in controversy relevant?
Fuck no
Well Pleaded Complaint Rule
The P’s claim itself must “arise under” federal law. Look at the claim and ignore other material P alleged
Unless the exam question says the claim is based upon a federal law, are regular tort, contract, and property claims federal?
NO –> state law
