Subject Matter Jurisdiction Flashcards
Define Federal Question Jurisdiction
Under 28 U.S.C. § 1331, federal courts have original jurisdiction of all civil actions arising under federal law.
What is the purpose of federal question jurisdiction?
To promote uniform application of federal laws across the country.
Define Diversity Jurisdiction
Under 28 U.S.C. §1332, federal courts have original jurisdiction over all civil actions where: (1) the amount in controversy exceeds $75,000; and (2) complete diversity exists between parties (i.e. no plaintiff may be a citizen of the same State as any defendant).
What is the purpose of Diversity Jurisdiction?
To protect out of state parties from favoritism by judges toward local parties.
How is citizenship determined?
citizenship looks at a party’s domicile based on physical presence in a true, fixed, and permanent home where the person intends to remain indefinitely.
What are the two non-original ways a civil claim can get into federal court even though it could not (or did not) start there on its own?
Supplemental Jurisdiction under 28 U.S.C. § 1367 and Removal Jurisdiction under 28 U.S.C. §1441.
Define Supplemental Jurisdiction
Under 28 U.S.C. § 1367(a), generally, when a federal district court already has original subject matter jurisdiction via federal question or diversity over a civil claim, state law claims can hitch a ride with the free standing, original subject matter jurisdiction claim if the state law claim shares a common nucleus of operative facts with the federal question or diversity claim.
What is the policy behind permitting supplemental jurisdiction under 28 U.S.C. § 1367(a)?
This is efficient because the claims will share the same witnesses, the same evidence, and tell the same story.
Describe the exception to supplemental jurisdiction under 28 U.S.C. § 1367(b)
In diversity subject-matter jurisdiction cases, if a plaintiff tries to bring a supplemental claim against a joined party that destroys diversity, then the federal court does not have supplemental jurisdiction over such claims.
What is the policy behind 28 U.S.C. § 1367(b)?
This prevents artful pleading to do an end run around the complete diversity requirement.
Describe the exception to supplemental jurisdiction under 28 U.S.C. § 1367(c).
The district court may decline to exercise supplemental jurisdiction over a claim under subsection (a) if: (1) the claim raises novel or complex issues of state law; or (2) the claim substantially predominates over the original jurisdiction claims; or (3) the district court has dismissed all claims with original jurisdiction; or (4) in exceptional circumstances, there are other compelling reasons for declining supplemental jurisdiction.
Define Removal
Under 28 U.S.C. 1441(a), if plaintiff files in state court, defendant can remove from state court to federal court when plaintiff’s claim is an original subject matter jurisdiction claim, sending the case to a federal district court that embraces the place of the state court (same country/district).
Define Remand
Under § 1447(c), if a district court lacks subject matter jurisdiction before the final judgment, then plaintiff (or the court on its own motion) can seek remand (send back) the case to state court. Other reasons for remand can include procedural defects like the untimeliness of defendant’s notice of removal.
