Subject Matter Jurisdiction

Question 1

Subject matter jurisdiction

Answer 1

Subject matter jurisdiction is the power of the court to hear and determine a particular type of claim or controversy.

Question 2

§1331 Federal question jursidction

Answer 2

1. Well-pleaded complaint alleges a claim
2. Arising under the Constitution, law, or treaties of the United States

Question 3

§1331 Qualifying for FQJ - Federal issue must be…

Answer 3

1. Actually disputed;
2. Substantial, serious, and important;
3. Capable of resolution without disrupting workload Congress intended to balance between state and federal courts.

A federal question exits if a well-pleaded complaint alleges a claim that arises under federal law, the US constitution, or a US treaty. Raising a defense of federal question is not sufficient for SMJ.

Question 4

Diversity jurisdiction

Answer 4

Diversity jurisdiction exists when there is complete diversity of citizenship between plaintiffs and defendants, and where the amount in controversy exceeds $75k.

Question 5

Citzenship

Answer 5

1. Domicile - residence + subjective intent to remain;
2. Artificial person is prinicipal place of business (nerve center) AND state organized/incorporated;
3. Executors are citizens of decedent’s state;
4. Partnership is domicile of every [general] partner.

Question 6

Amount in controversy

Answer 6

1. $75k + good faith;
2. P can aggregate multiple claims against a single D, or all Ds if they are tortfeasors;
3. Multiple Ps may aggregate to enforce an undivided right;
4. Injunctive relief, AIC based on value of benefit/ cost of compliance.
5. D’s counterclaim is irrelevant in determining AIC.

LEIA - legally available, excluding interest/costs, injunction, attorney’s fees if allowed by law.

Question 7

Supplemental jurisdiction

Answer 7

1. Related/common nucleus of operative fact;
2. Cannot circumvent lack of diversity over 3P
3. SLJ does not require AIC/diversity if not used solely to defeat and common nucleus requirements.
4. Judicial economy reasons.

Supplemental jurisdiction (SLJ) is if a federal court has SMJ over a claim, then it may exercise SLJ over additional state claims when they arise from a common nucleus of operative fact. SLJ cannot be used to circumvent lack of diversity and cannot provide jurisdiction over third parties. SLJ does not require AIC or diversity, and if not used solely to defeat diversity and the common nucleus requirements, then SLJ will likely be granted for judicial economy reasons.

Question 8

Remand to state court

Answer 8

A federal court must remand a case to state court if there is no federal SMJ.

A federal court MAY remand a case that originally had SMJ after the federal claims have been decided.

A motion to remand must be filed within 30 days of a request for removal jurisdiction on procedural grounds (anytime for SMJ).

Question 9

Natural person’s domicile

Answer 9

A natural person’s domicile is the state where he:

1. Physically “resides
2. with the intent to remain there for the indefinite future.

Question 10

Aggregation of claims (for diversity purposes)

Answer 10

1. Single P may aggregate multiple claims over single D
2. Multiple Ps may aggregate to enforce an undivided right.
3. Single P MAY NOT aggregate claims against multiple Ds.

Question 11

Removal jurisdiction

Answer 11

Removal jurisdiction (RJ) is when the defendant may remove from state court to federal court if:

1) the federal court has SMJ,
2) all defendants agree,
3) no defendant is a resident of the forum state in diversity cases, AND
4) removal is sought within 30 days of either service of the summons or receiving the initial pleading, whichever is shorter.

Where the plaintiff has brought suit in state court, the removal statute [28 U.S.C.A.
§1441(a)] permits the defendant to force the case to be removed to federal district court only if the case could have been originally brought in a federal court (i.e., the federal court must have federal subject matter jurisdiction over the case).

A plaintiff may never remove, and a case cannot be removed more than one year after commencement in a diversity action. If a plaintiff files in a state court, a defendant must remove it to the federal district court that “embraces” that state court.

Question 12

Declining supplemental jurisdiction

Answer 12

Discretionary - CPOO

Complex
Predominating
Original jurisdiction invoking claims dismissed
Other compelling reasons