Subject-Matter Jurisdiction

Question 1

Subject-matter jurisdiction

Answer 1

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

Question 2

Federal Question jurisdiction

Answer 2

Federal courts are empowered to hear claims presenting a question of federal law.

Question 3

elements of Federal question jurisdiction

Answer 3

1. there is a federal question in dispute

2.. the federal question must arise in P’s well-pleaded complaint.

Question 4

*well-pleaded complaint rule

Answer 4

a question of federal law must arise in the P’s affirmative claim, regardless of any defense the D might raise.

Question 5

state claims that raise a federal question

Answer 5

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.

Question 6

Diversity jurisdiction

Answer 6

1. action between citizens of different states: must be complete (no P and no D are citizens of same state)
2. amount in controversy is greater than $75,000.

Question 7

at what point is diversity measured at***

Answer 7

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

Question 8

diversity exception: class action

Answer 8

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.

Question 9

determining citizenship

Answer 9

human beings are only citizens of one place at a time: the state where they reside and intend to remain indefinitely.

Question 10

wanderer rule

Answer 10

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.

Question 11

citizenship of corporations

Answer 11

they are citizens of the state where they are incorporated AND the state in which they have their principal place of business

Question 12

principal place of business

Answer 12

the nerve center- where the officers and directors control the business

Question 13

citizenships of unincorporated corporations (LLCs, partnerships, unions)

Answer 13

are citizens of the states where EVERY member is a citizen.

Question 14

citizenships of an incapacitated party

Answer 14

citizenship is that of the incapacitated party, not the representative.

Question 15

amount in controversy

Answer 15

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.

Question 16

aggregation of claims

Answer 16

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.

Question 17

Supplemental jurisdiction

Answer 17

allows a claim falling outside of federal question or diversity jurisdiction to piggyback onto a claim that does fall within FQ or diversity

Question 18

supplemental jurisdiction when anchor claim is based on FQ

Answer 18

ask: do the claims arise from the same transaction or occurrence?

Question 19

supplemental jurisdiction when anchor is based on diversity jurisdiction

Answer 19

ask:
1. do the claims arise from the same transaction or occurrence?
if yes, ask:

2. 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:
3. will the new party’s presence maintain diversity jurisdiction
   if no= no supplemental jurisdiction

if yes= supplemental jurisdiction exists

Question 20

good reasons when the court will decline supplemental jurisdiction, even when all other elements are met

Answer 20

-involves novel or complex issue of state law

-state claim substantially dominates over FQ or diversity

-anchor claim was dismissed

-other compelling circumstances

Question 21

removal

Answer 21

a D can remove a case from state to federal court if the case could have originally been filed in federal court.

Question 22

removal exception: home-state defendant rule

Answer 22

D cannot remove if:

1. federal jurisdiction would be grounded only in diversity jurisdiction; and
2. the D is a citizen of the state where P filed suit.

Question 23

removal with multiple Ds***

Answer 23

removal is only allowed if ALL Ds agree to remove

Question 24

removal timing

Answer 24

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.

Question 25

removal timing and multiple Ds

Answer 25

If the plaintiff sues multiple defendants and serves them with process at different times, the 30-day window for removal runs from the moment the final defendant is served.

*Later service on other defendants does not, however, empower the first-served defendant to remove of its own accord; the first defendant may only join in a removal initiated by a later-served defendant.

Question 26

process for removal

Answer 26

To remove the case to federal court, the defendant must file notice in the district court for the location in which the state case is pending

within 30 days of service of the initial pleading, and

notice must contain:
1. a short and plain statement of the grounds for removal, and
2. a copy of all orders, pleadings, and process that have been served on D.

Question 27

removal based on diversity jurisdiction

Answer 27

-D cannot be a citizen of the state in which the action was filed

-D can request the courts permission to remove within 1 year of filing (unless P attempted to thwart removal)

Question 28

What can P do if the removal was improper?

Answer 28

Request remand to state court.