Subject Matter Jurisdiction Flashcards
What is SMJ?
Power over the case
What are types of cases that can be heard in federal court?
Federal question
Diversity of citizenship
What happens if court lacks SMJ?
Federal court cannot hear the case
If it does, judgment is void
Diversity of Citizenship Requirements
Citizens of different states (at time Case is filed)
Citizen of US state and citizen of foreign country
Amount in controversy exceeds $75000
How is citizenship of a state determined?
Domicile.
Established by physical presence and an intent to make it your home
How is citizenship of a corporation determined?
Any state or country where incorporated
State or country where principal place of business
The “nerve center”
Citizenship of Pship, LLC, etc
Takes on citizenship of all members (GPs and LPs)
Citizenship of class action?
Citizenship of the named representative is used
Calculating the amount in controversy. Does it exceed $75000? Can a P aggregate claims?
Only the claim - costs or interests generally not included
Any single P may aggregate all her claims against single D
Amount in controversy for joint claims?
Use the total value of the claim
What cases are excluded from diversity jurisdiction?
Family law or inheritance cases
Can a claimant change her jurisdiction to meet diversity req?
Yes if it’s a genuine change of citizenship
What is required for Federal Question case?
Must have well pleaded complaint
Citizenship and amount IRRELEVANT
Does the claim arise under federal law?
If the the plaintiff is enforcing a federal right, where can they go?
Federal court under FQ jurisdiction
What is removal?
D prefers to litigate in federal court. Can REMOVE the case to federal court.
If improper, can be remanded to state court
When can a D remove to federal court? (When what is met)
When diversity or FQ jurisdiction is met. (Could have filed in federal court)
How is a case removed?
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
When can D remove?
No later than 30 days after service of first paper that shows case is removable.
Usually 30 days after service of process.
Who must join removal?
All defendants.
Even after period expires to join other Ds
Can P remove?
Never. Not even if counterclaim can be heard in federal court.
What cases may be removed?
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
Where does D remove to?
In the Federal District Court That “embraces” the state court where the action was originally filed
When can P remand?
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
