subject matter jurisdiction

Question 1

types of SMJ

Answer 1

1) diversity jdx
2) federal question
3) supplemental jdx
4) removal jdx

Question 2

diversity jdx

Answer 2

Constitution grants fed courts SMJ over controversies b/t citizens of different states even where claims don’t involve fed law

Question 3

diversity jdx requirements

Answer 3

1) complete diversity
2) amount in controversy must exceed $75k

Question 4

citizenship for natural persons

Answer 4

people are citizens of the state where they are domiciled at the time the suit is filed

Question 5

citizenship for corporations

Answer 5

citizens of every state where incorporated and the one state where corporation maintains principal place of business

Question 6

how to determine domicile for ppl

Answer 6

where a person was last both 1) present and 2) intending to remain indefinitely; only have one domicile

Question 7

citizenship for unincorporated businesses (LLCs, LLPs, etc)

Answer 7

citizens of all states in which any partner or member is a citizen

Question 8

federal question jdx requirements

Answer 8

claim must show a right or interest founded substantially on federal law; federal question must appear on the face of the complaint

Question 9

common areas of exclusive federal jdx

Answer 9

1) bankruptcy
2) patent, copyright, trademark
3) federal antitrust claims
4) postal matters

Question 10

supplemental jurisdiction generally

Answer 10

allows a federal court to hear additional claims that do not, on their own, meet diversity or fed question jdx; must be one claim with original SMJ

Question 11

supplemental jurisdiction requirements

Answer 11

each additional claim must share a common nucleus of operative fact with an existing claim that invoked FQJ or diversity jdx

Question 12

common nucleus of operative fact

Answer 12

supplemental claims share a CNOF if they arise from the same transaction or occurrence as the underlying claim

Question 13

removal jurisdiction generally

Answer 13

defendant can remove a case originally filed in state court to federal court if the fed court would have had SMJ

Question 14

removal jdx rules

Answer 14

1) can only remove if the case could have been filed in fed court
2) only D can remove and all Ds must agree to removal
3) can remove only to the fed district embracing the state court in which the case was originally filed
4) D who files a permissive counterclaim in state court waives right to remove

Question 15

removal jdx timing

Answer 15

D must remove within 30 days of service of the first removable document (usually service of process)

Question 16

diversity jdx removal limitations

Answer 16

no removal if any D is a citizen of the forum state

Question 17

remand

Answer 17

if removal is improper, court can remand to state courts

Question 18

Erie doctrine generally

Answer 18

in diversity cases, fed courts must apply state substantive law and fed procedural law

Question 19

things always governed by state substantive law

Answer 19

1) elements of a claim or defense
2) statute of limitations and rules for tolling
3) conflict/choice of law rules
4) standard for granting a new trial b/c jury’s award was excessive or inadequate