Subject Matter Jurisdiction Flashcards
Federal Question Constitutional Authority
Article III Section 2
Federal Question Statutory Authority
28 U.S.C. 1331
Well Pleaded Complaint Rule
an action must arise under federal law when the Plaintiff files the cause of action claim (cannot file a claim based on an expected defense)
Well Pleaded Complaint Rule Authority
28 U.S.C. 1331
Diversity Constitutional Authority
Article III Section 2
Diversity Statutory Authority
28 U.S.C. 1332
28 U.S.C. 1332 (a)
$75,000 + (1) citizens of different states, (2) citizens of a state of a foreign state, or (3) citizens of different states in which citizens or subjects of a foreign state are additional parties
Complete Diversity Rule
all plaintiffs must be diverse from all defendants
Complete Diversity Authority
Strawbridge v. Curtis
Diversity Test- Individual
Domicile and intent to remain indefinitely
Diversity Test- Corporation
State of Incorporation and State of “Principle Place of Business”
Nerve Center Test
Hertz case. The location of where the principle place of business occurs.
Diversity Test- Partnership
State of all partners
Aggregation - 1p v. 1d
can aggregate
Aggregation 2p (separate and distinct claims) v. 1 d
can not aggregate
Aggregation 1p v. 2d (separate and distinct claims)
can not aggregate
Aggregation Multiple p v 1d
can aggregate if it is a single intrest
Aggregation 1 p v. multiple d
can aggregate if it is a single common interest
Supplemental Jurisdiction Constitutional Authority
Article III Section 2
Supplemental Jurisdiction Statutory Authority
28 U.S.C. 1367
28 U.S.C. 1367 (a)
claims so related to the other claims that fall within original federal jurisdiction
28 U.S.C. 1367 (b)
in claims that only have federal jurisdiction because jurisdiction, the court will not have jurisdiction if the plaintiffs bring in parties under rule 14, 19, 20, or 24
28 U.S.C. 1367 (c)
courts have the write to decline supplemental jurisdiction if (1) novel or complex issue of state law (2) claim substantially predominates over the claim where the court had jurisdiction, (3) district court dismissed all claims over which it has original jurisdiction (4) exceptional circumstance
United Mine Work v. Gibbs
1367 (a)- claim arise from common nucleus of operative fact
Removal Statutory Authority
28 U.S.C. 1441
28 U.S.C 1441 (a)
district courts may remove any civil action where they have original jurisdiction except (
28 U.S.C 1441 (b) (1) and (2)
the defendant must file a notice of removal within 30 days of being served the initial pleading
