Subject matter jurisdiction

Question 1

Subject matter jurisiction

Answer 1

1. Court’s power to hear the type of claim being brought;
2. Federal question when well-pleaded complaint arising under Constitution, laws, or treaties of US;
3. Diversity when complete diversity and AIC > $75k

Question 2

Citizenship

Answer 2

1. Domicile - residence + subjective intent to remain;
2. Artificial person is principal 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 3

AIC

Answer 3

1. P can aggregate claims against single D or multiple if joint tortfeasors;
2. Multiple Ps can aggregate to enforce undivided right

Question 4

Supplemental jurisdiction

Answer 4

Same T&O, Impleader, CPOJ

1. Where court has original jurisdiction, may assert supplemental over
2. Claims so related that they form the same case or controversy
3. Arising out of same transaction or occurrence and
4. Arise out of a common nucleus of operative fact.
5. If based on and would destroy diversity, no supplemental jurisdiction;
6. But impleader won’t destroy diversity
7. Decline if CPOJ – Complex, Predominating, Original J dismissed

Question 5

Removal

Answer 5

SARS-30 (Subject All Resident Summons 30)

1. Federal court has SMJ;
2. All Ds agree;
3. No D is resident of the forum state in diversity case; and
4. Within 30 days or earlier of service of summons or initial pleading.