Subject Matter Jurisdiction

Question 1

What is Subject Matter Jurisdiction?

Answer 1

The power of the court to hear a type of case.

Question 2

Subject Matter in State Court

Answer 2

State courts are courts of general jurisdiction, so this isn’t usually an issue

Question 3

Subject Matter in Federal Court

Answer 3

Federal Courts are more limited in cases they can hear, by both Article III and Federal Statute

Question 4

Types of Subject Matter for federal court

Answer 4

Diversity of Citizenship
Federal Question
Supplemental
Removal

Question 5

Diversity of Citizenship

Answer 5

One way to get subject matter for federal courts

Question 6

Requirements for Diversity of Citizenship

Answer 6

Must have complete diversity among the parties and an amount in controversy exceeding $75,000.

Question 7

Where do the requirements for Diversity derive from?

Answer 7

28 U.S.C 1332

Question 8

Alienage diversity

Answer 8

In order for foreign citizens to have diversity, there must be at least one U.S. citizen on one side if there are only two parties or diverse citizens on each side for multiple parties

Question 9

What types of claims can be aggregated

Answer 9

Generally, claims cannot be aggregated. The exceptions are: one parties multiple claims against a single defendant, as well as joint and several liability.

Question 10

Domicile

Answer 10

Physical pretense plus indefinite intent to remain

Question 11

Domicile for corporations

Answer 11

Place of incorporation or headquarters

Question 12

Federal Question

Answer 12

Exists where the cause of action arises under the Constitution, law of the United States, or treaty

Question 13

Well Pleaded Complaint

Answer 13

In order to be recognized for federal question jurisdiction, the federal element must come from the cause of action alleged in the complaint. It cannot come from a possible defense

Question 14

Complete Preemption

Answer 14

A state law claim which is superseded by a federal law must be heard in federal court

Question 15

Claims a federal court may not entertain

Answer 15

A federal court will not here matters of divorce, as they have been left to the state courts

Question 16

Essential Federal Element

Answer 16

A complicated doctrine which allows a state law claim to be heard in federal court. It requires that a state law claim raise a federal issue, actually contested and substantial, which the federal courts may hear without upsetting congressionally set balances of power.

Question 17

Supplemental Jurisdiction

Answer 17

A court may exercise jurisdiction over a claim it otherwise would not be able to

Question 18

When can a court exercise supplemental jurisdiction

Answer 18

According to statute, may exercise jurisdiction over a non qualifying claim when it derives from a common nucleus of operative fact as a claim over which the court has original jurisdiction

Question 19

Diversity and supplemental

Answer 19

Diversity has additional qualifications for supplemental. An action will not qualify if it is one made by a plaintiff against a defendant joined under rule 14,19,20, or 24. An action made by a plaintiff joined by rule 19 or 24 is also prohibited

Question 20

Don’t use supplemental when you

Answer 20

Have original jurisdiction over the claim

Question 21

Supplemental and Federal Question

Answer 21

There is not rule limitation where the original jurisdiction is based upon federal question

Question 22

Removal

Answer 22

When a plaintiff brings a claim which would otherwise qualify for original jurisdiction in state court, the defendant may remove to federal court.

Question 23

In order to be removed, the —- rule must still be satisfied

Answer 23

Well-Pleaded Complaint

Question 24

Exception to Removal

Answer 24

A defendant may not remove a case to federal court if it is a diversity action and the defendant is a resident of the forum state

Question 25

A court may decline to exercise supplemental jurisdiction where

Answer 25

1) the claim is a novel issue of state law 2) the state law claim predominates 3) the original claim has been dismissed or 4) in other exceptional circumstances where there are compelling reasons