Subject Matter Jurisdiction

Question 1

SMJ is about the court’s power over

Answer 1

the case

Question 2

State courts can hear…

Answer 2

Almost all cases. Few federal exceptions:
1) patent infringment
2) bankruptcy
3) some federal securities
4) antitrust

Question 3

Main types of cases federal courts can hear:

Answer 3

1) Federal question jursidiction
2) Diversity of citizenship/alienage jurisdiction

Question 4

Waiver of SMJ

Answer 4

cannot be waived. If a federal court hears a case they don’t have SMJ over, the judgment is void.

Question 5

Requirements for diversity of citizenship cases

Answer 5

1) the case EITHER between citizens of different US states (diversity) OR between a citizen of a US state and a citizen of a foreign country (alienage)
AND
2)exceeds 75k

Question 6

Complete Diversity Rule

Answer 6

If ANY plaintiff is a citizen of the same state as ANY defendant, no diversity of citizenship.

Question 7

Citizenship of a person

Answer 7

Where they are domiciled

Question 8

How to establish a new domicile

Answer 8

1) physical presence in the new domicile
2) the intent to make that place your home for the indefinite future

Question 9

Citizenship of a corporation

Answer 9

ANY state or country in which it is incorporated
AND
the one state or country which it has its principal place of business

Question 10

Where is a corporation’s PPB?

Answer 10

Nerve center: state where corporation’s managers direct ,coordinate, and control business activities

Question 11

Citizenship of an unincorporated association

Answer 11

Takes on the citizenships of ALL its members

Question 12

Citizenship of decedents, minors, incompetents

Answer 12

Domiciled. Representatives citizenship is irrelevant.

Question 13

Citizenship in class actions

Answer 13

Where the named representative(s) is domiciled

Question 14

Calculating the amount in controversy

Answer 14

ONLY the claim itself is considered. (not litigation costs or interest).

Single plaintiff may aggregate ALL claims against a single defendant, even if claims are unrelated.

For Joint claims, use total value of the claim.

Question 15

Calculating value of equitable relief

Answer 15

Two tests, if either is satisfied, most courts will say ok:
1) P’s POV. If granted, value >75k?
2) D’s POV. If granted, cost >75k?

Question 16

Exclusions from diversity jurisdiction

Answer 16

Divorce, alimony, child custody, and actions to probate an estate

Question 17

Collusive Creation of Diversity Rule (and exception)

Answer 17

Can’t create diversity via a sham transaction.

BUT P can create diversity by changing her state citizenship after the cause of action acrued but before suit commenced if genuine.

Question 18

Federal Question Cases

Answer 18

P’s claim must “arise under” federal law.
Ask if the plaintiff is enforcing a federal right.!!!!!

Question 19

Removal Basic Idea

Answer 19

P sues D in state court. D prefers to be sued in federal court. D may be able to “remove” to federal court.

Question 20

How to remove a case

Answer 20

D files notice of removal in federal court, stating grounds for removal (diversity or FQ)

Attatches all documents served on her.

Promprlty service copy of notice of removal to adverse parties

Files copy of notice of removal in state court

Must remove no later than 30 days after service of the first paper that shows the case is removable (usually service of process)

Question 21

Removal with multiple defendants

Answer 21

ALL served defendants must join in removal.

If served at different times, the latest served defendant can file, and earlier served defendant can join even if 30 days passed.

Question 22

Can plaintiff’s remove?

Answer 22

No.

Question 23

What cases may be removed

Answer 23

Step 1: Must have FQ or Diversity/alienage

TWO Limitations for removal based on diversity:
1) should not be removed if ANY defendant is a citizen of the forum state
2) should not be removed more than one year after the case was filed in state court
—–only relevant when in state defendant is voluntarily dismissed from the case after 30 days.

Question 24

Removal Venue

Answer 24

D removes to the federal court “embracing” the state court where the case was filed.
(San diego state court -> southern district federal court)

Question 25

Remand to state court (and time limits)

Answer 25

If P thinks case should not have been removed, can move to remand to state court.

If for reason other than lack of SMJ, must be no later than 30 days of filing of notice of removal. If SMJ, no time limit.