SUBJECT MATTER JURISDICTION Flashcards
What is General SM Jurisdiction?
Can hear any type of case unless they are instructed otherwise Ex: Traffic Court
What is Limited SM Jurisdiction?
Can only hear certain cases that are assigned to them
What Constitutional Provision sets federal court jurisdiction?
Article III; Section 2: The Courts
Federal Jurisdiction is limited to cases: (2)
- Arising under Federal Law or involving the United States or foreign States as parties
- Between Diverse Parties
What are the 3 provisions for Federal Jurisdiction?
- Federal Question
- Diversity
- Supplemental Jurisdiction
What is Federal Question?1331
Federal District Courts “federal question jurisdiction” extends to “civil actions arising under the Constitution, Laws, or Treaties of the United States”
What is Diversity (2)?
1332(a)
Federal district courts “diversity jurisdiction” extends to civil actions:
1. Where the amount in controversy exceeds $75,000
2. That are between diverse parties
What is Supplemental Jurisdiction? 1367(a)
In civil actions where federal district courts have Original Jurisdiction (federal question and/or diversity jurisdiction), their Supplemental Jurisdiction extends to all other related claims that form part of the same case or controversy