Subject-Matter Jurisdiction Flashcards
Subject-matter jurisdiction
the power of the court over a particular case
4 ways to establish:
1. Federal Question jurisdiction
2. Diversity jurisdiction
3. Supplemental jurisdiction
4. Removal
Federal Question jurisdiction
Federal courts are empowered to hear claims presenting a question of federal law.
elements of Federal question jurisdiction
- there is a federal question in dispute
2.. the federal question must arise in P’s well-pleaded complaint.
*well-pleaded complaint rule
a question of federal law must arise in the P’s affirmative claim, regardless of any defense the D might raise.
state claims that raise a federal question
a fed court can assert jurisdiction over a state law claim that raises a federal issue if the Federal Question is:
-necessarily raised,
-actually disputed,
-capable of resolution in fed court without disrupting the fed-state balance; and
-**substantial: court can assert jurisdiction over a state law claim as long as the federal issue mostly is substantial.
Diversity jurisdiction
- action between citizens of different states: must be complete (no P and no D are citizens of same state)
- amount in controversy is greater than $75,000.
at what point is diversity measured at***
diversity is measured at the time the suit is filed but amended complaints that add or dismiss can affect diversity if adding/taking away a party that destroys diversity
diversity exception: class action
class action where there are more than 100 persons and $5 million.
-diversity need only be minimal: a single P diverse from a single D.
determining citizenship
human beings are only citizens of one place at a time: the state where they reside and intend to remain indefinitely.
wanderer rule
a human being’s citizenship does not change until the person plants roots in a new state by residing there and intending to remain indefinitely.
citizenship of corporations
they are citizens of the state where they are incorporated AND the state in which they have their principal place of business
principal place of business
the nerve center- where the officers and directors control the business
citizenships of unincorporated corporations (LLCs, partnerships, unions)
are citizens of the states where EVERY member is a citizen.
citizenships of an incapacitated party
citizenship is that of the incapacitated party, not the representative.
amount in controversy
must exceed $75,000
-P does not actually need to recover this amount, just needs to plead it in good faith
-court will accept P’s allegations, unless it appears to a legal certainty that such allegations are incorrect.
aggregation of claims
if a P brings multiple claims against a single D, the court will aggregate claims to see if the amount in controversy is reached.
-claims can be totally unrelated
one P, one D = can aggregate as many unrelated claims to get over 75,000
one P, multiple Ds = cannot aggregate.
Supplemental jurisdiction
allows a claim falling outside of federal question or diversity jurisdiction to piggyback onto a claim that does fall within FQ or diversity
supplemental jurisdiction when anchor claim is based on FQ
ask: do the claims arise from the same transaction or occurrence?
supplemental jurisdiction when anchor is based on diversity jurisdiction
ask:
1. do the claims arise from the same transaction or occurrence?
if yes, ask:
- is P bringing the claim in order to bring a new party pursuant to impleader, required joinder, permissive party joinder, or intervention?
if yes, ask: - will the new party’s presence maintain diversity jurisdiction
if no= no supplemental jurisdiction
if yes= supplemental jurisdiction exists
good reasons when the court will decline supplemental jurisdiction, even when all other elements are met
-involves novel or complex issue of state law
-state claim substantially dominates over FQ or diversity
-anchor claim was dismissed
-other compelling circumstances
removal
a D can remove a case from state to federal court if the case could have originally been filed in federal court.
removal exception: home-state defendant rule
D cannot remove if:
- federal jurisdiction would be grounded only in diversity jurisdiction; and
- the D is a citizen of the state where P filed suit.
removal with multiple Ds***
removal is only allowed if ALL Ds agree to remove
removal timing
D must remove within 30 days of when grounds become apparent (usually when served with complaint)
-if P amends the complaint, the D has 30 days from that point.