Subject Matter Jurisdiction

Question 1

What is SMJ?

Answer 1

Power over the case

Question 2

What are types of cases that can be heard in federal court?

Answer 2

Federal question

Diversity of citizenship

Question 3

What happens if court lacks SMJ?

Answer 3

Federal court cannot hear the case

If it does, judgment is void

Question 4

Diversity of Citizenship Requirements

Answer 4

Citizens of different states (at time Case is filed)

Citizen of US state and citizen of foreign country

Amount in controversy exceeds $75000

Question 5

How is citizenship of a state determined?

Answer 5

Domicile.

Established by physical presence and an intent to make it your home

Question 6

How is citizenship of a corporation determined?

Answer 6

Any state or country where incorporated
State or country where principal place of business

The “nerve center”

Question 7

Citizenship of Pship, LLC, etc

Answer 7

Takes on citizenship of all members (GPs and LPs)

Question 8

Citizenship of class action?

Answer 8

Citizenship of the named representative is used

Question 9

Calculating the amount in controversy. Does it exceed $75000? Can a P aggregate claims?

Answer 9

Only the claim - costs or interests generally not included

Any single P may aggregate all her claims against single D

Question 10

Amount in controversy for joint claims?

Answer 10

Use the total value of the claim

Question 11

What cases are excluded from diversity jurisdiction?

Answer 11

Family law or inheritance cases

Question 12

Can a claimant change her jurisdiction to meet diversity req?

Answer 12

Yes if it’s a genuine change of citizenship

Question 13

What is required for Federal Question case?

Answer 13

Must have well pleaded complaint

Citizenship and amount IRRELEVANT

Does the claim arise under federal law?

Question 14

If the the plaintiff is enforcing a federal right, where can they go?

Answer 14

Federal court under FQ jurisdiction

Question 15

What is removal?

Answer 15

D prefers to litigate in federal court. Can REMOVE the case to federal court.

If improper, can be remanded to state court

Question 16

When can a D remove to federal court? (When what is met)

Answer 16

When diversity or FQ jurisdiction is met. (Could have filed in federal court)

Question 17

How is a case removed?

Answer 17

D files NOTICE OF REMOVAL in federal court.

State grounds - what SMJ are you claiming

Attach all documents from state action

Serve notice of removal promptly on all adverse parties and state court

Question 18

When can D remove?

Answer 18

No later than 30 days after service of first paper that shows case is removable.

Usually 30 days after service of process.

Question 19

Who must join removal?

Answer 19

All defendants.

Even after period expires to join other Ds

Question 20

Can P remove?

Answer 20

Never. Not even if counterclaim can be heard in federal court.

Question 21

What cases may be removed?

Answer 21

Cases that fit diversity of cit or FQ

Limits:

No removal if D is citizen of forum state

Cases filed in state court more than 1 year ago

Question 22

Where does D remove to?

Answer 22

In the Federal District Court That “embraces” the state court where the action was originally filed

Question 23

When can P remand?

Answer 23

If for lack of SMJ, there is no time limit to order a remand.

One year limit rule, remove no late than 30 days after filing notice of removal