Subject Matter Jurisdiction Flashcards
Subject matter Jurisdiction is about the courts power over the _____.
Case, not the parties
What kind of cases can state courts hear?
Generally, state courts can hear any kind of case
What kind of federal cases can state courts not hear?
- patent infringement
- bankruptcy
- some federal securities
- antitrust claims
What are the 2 types of SMJ cases?
- Federal question jurisdiction
- diversity of citizenship jurisdiction (includes alienage jx)
Can SMJ be waived like PJ?
No. If a case does not invoke federal SMJ, federal court cannot hear the case.
What are the requirements for diversity of citizenship cases?
- between citizens of different US states (complete diversity) or foreign citizen and US citizen
AND - Amount in controversy that exceeds $75,000
What is complete diversity?
No plaintiff is a citizen of the same state as any defendant. This is determined when the case is FILED.
What is domicile and how can it be changed?
Domicile is where a person is “at home”
To establish a new domicile you need
1. physical presence in a new domicile and
2. intent to make that place your home for the indefinite future
What does the court use to determine intent for change of domicile for SMJ?
- taking a job
- buying a house
- joining civic organizations
- registering to vote
- qualifying for in state tuition
etc
Where is a corporation a citizen?
Any state or country that it is incorporated and of the one state or country in which it has its principal place of business
Where is a corporation principal place of business?
state from which the corporation’s managers direct, coordinate, and control business activities - the nerve center/corporate headquarters
Where is an unincorporated association domiciled?
takes the citizenship of its members. If a limited partnership, includes the citizenship of general and limited partners
Where is the citizenship of decedents, minors and incompotents?
Must be sued or sue through a representative. The reps citizenship is irrelevant. Use the citizenship of incompetent.
Where is the citizenship for a class action?
The citizenship of the named representative of the class
How is the amount of controversy determined?
Good faith claim of what the plaintiff claims in the complaint
