Subject Matter Jurisdiction

Question 1

What is subject matter jurisdiction?

Answer 1

The court’s power to hear a case based on its subject matter

Question 2

What are the two components of subject matter jurisdiction?

Answer 2

The type of case and the amount in controversy

Question 3

What is original jurisdiction?

Answer 3

the trial court where the facts are presented and decided

Question 4

What is appellate jurisdiction?

Answer 4

The court reviewing the record of a court of original jurisdiction

Question 5

What kind of courts can be original and appelleate?

Answer 5

District courts often have original jurisdiction, but they can have appellate. and Federal courts are often appellate but they can have original jurisdiction over diversity claims

Question 6

What is limited jurisdiction?

Answer 6

courts only have the power expressly given to them, such as federal courts, probate courts, family courts, etc

Question 7

When can a federal court exercise subject matter jurisdiction?

Answer 7

if the cases are identified in the US constitution and passed in a statute by Congress

Question 8

What is general jurisdiction?

Answer 8

courts are presumed to have power to hear the case unless the Constitution or statute removes that power, such as most state courts

Question 9

What is exclusive jurisdiction?

Answer 9

only that type of court can adjudicate thus subject matter (ex- patent cases are exclusive to federal courts and may not be heard in state courts)

Question 10

What is concurrent jurisdiction?

Answer 10

multiple courts may hear the case (e.g. both state and federal courts have jurisdiction over tort claims exceeding $75,000 between citizens of different states)

Question 11

What does article 3, section one, give Congress the power to do?

Answer 11

the power to create and regulate Federal courts to an extent as well as define federal jurisdiction

Question 12

What are the types of cases and controversies that a federal court can hear under Article 3, section 1?

Answer 12

All cases in law and equity
(1) Arising under the Constitution, laws of the United States, and treaties
(2) Affecting ambassadors, public ministers, and consuls
(3) Of admiralty and maritime jurisdiction
(4) To which the United States is a party
(5) Between two of more states
(6) Between a state and citizens of another state
(7) Between citizens of different states
(8) Between citizens of different states claiming land under grants of different states
(9) Between a state or its citizens and a foreign citizen

Question 13

To be constitutional, a federal claim must be authorized by what?

Answer 13

Article 3 and a federal statute

Question 14

What is diversity jurisidiction?

Answer 14

Federal jurisdiction that lies where the parties hold different citizenship and the amount in controversy exceeds $75,000

Question 15

What kind of diversity does Article 3 allow?

Answer 15

Partial diversity, where all the parties cannot be from the same state

Question 16

What kind of diversity does Title 28 require?

Answer 16

It requires complete diversity, meaning all plaintiffs must be from different states than the defendants and in an amount in controversy that exceeds $75,000

Question 17

What section of Title 28 is diversity jurisdiction? and what does section a say?

Answer 17

1332
The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between
(1) Citizens of different states
(2) Citizens of a state and citizens or subjects of a foreign state (EXCEPT where the foreign citizen is permanently residing in the United States and is domiciled in the same state as the other
(3) Citizens of different states and in which foreign citizens or subjects are an additional party (See Mas v. Perry).
(4) A foreign state as defined in section 1603(a) as plaintiff and citizens of a state or different states

Question 18

What is a stakeholder and how does their citizenship affect diversity?

Answer 18

A person or a group with an interest in the outcome of a case, their citizenship is irrelevant to diversity

Question 19

What does section (b) of 1332 say?

Answer 19

The district court may deny or impose costs on a plaintiff if their recovery amount is found to be less than or equal to $75,000

Question 20

What does state include in 1332(c)?

Answer 20

the Territories, the District
of Columbia, and the Commonwealth of Puerto Rico.

Question 21

What code governs interpleader and what does it say?

Answer 21

28 U.S.C. 1135, A party who holds property or money (the stakeholder) can ask the court to determine the rightful claimants when multiple parties are making conflicting claims. This can go to federal court with partial diversity if the stakeholder is facing claims that if fully paid, would exceed the fund held by the plaintiff

Question 22

When is diversity measured?

Answer 22

At the time of filing

Question 23

What happens if subsequent events that change diversity or lower the amount in controversy take place after filing?

Answer 23

This does not change diversity

Question 24

What is the St. Paul’s mercury test?

Answer 24

a plaintiff must show a good faith claim (we take your word for it) of amount of damages unless the defendant can appear with legal certainty that the claim is less than the jurisdictional amount. See A.F.A Tours Inc v. Whitechurch. If the defendant can do that, then the case must be dismissed

Question 25

What happens if a plaintiff does not give a good faith claim?

Answer 25

the court may dismiss the case if it is clear that the plaintiff never would have recovered that amount

Question 26

Does it matter if the plaintiff ultimately recovers over $75,000?

Answer 26

No

Question 27

How do you determine the citizenship of people?

Answer 27

People are citizens in the state where they are domiciled, that is their expressed or implied physical presence in a state and intent to remain there indefinitely

Question 28

What kind of things are proof of being domiciled in a specific state?

Answer 28

driver’s license, voter registration, and houses are all proof of domicile

Question 29

You must be living in _______ to be eligible for diversity status

Answer 29

a U.S. state

Question 30

What is the citizenship of aliens?

Answer 30

Their citizenship is their home country unless they are living in the US, then it is the state that they are domiciled in

Question 31

Who is ineligible for diversity status?

Answer 31

stateless people

Question 32

What is the citizenship of a legal representative?

Answer 32

A citizen of the same state as the person they are representing

Question 33

What is the citizenship of class members in a class action?

Answer 33

the citizenship of the named representatives in the lawsuit

Question 34

What is the citizenship of partnerships?

Answer 34

The citizenship is the domiciles of all the partners

Question 35

What is the citizenship of a corporation?

Answer 35

They have citizenship through the state of corporation and principal place of business

Question 36

What is the citizenship of an association?

Answer 36

Citizenship of an association is the citizenship of all its members

Question 37

What are the four devices that manipulate diversity aka create or destroy it?

Answer 37

1) Collusive joinder- bars federal jurisdiction by adding a party who has no real interest in the case. This nominal parties are not counted towards diversity
2) Changing of domiciles to create diversity
3) Assigning a claim to another party in a different state merely to create diversity (this is not allowed
4) The court may require party realignment according to true party interest, and this may affect diversity

Question 38

What kind of damages count towards the amount in controversy?

Answer 38

Money damages (actual, punitive, future), pre judgement up to the day of filing, non-monetary relief

Question 39

How is non-monetary relief governed?

Answer 39

by the value of the object or value to plaintiff or defendant

Question 40

What kind of damages do not count towards the amount in controversy?

Answer 40

Pre judgement interest after filing, post judgement interest, court costs, litigation costs, and attorney fees

Question 41

Can a single plaintiff aggregate claims against a single defendant?

Answer 41

they may aggregate the damages
and other appropriate amounts from all claims, both related and unrelated, against
one defendant to form the amount in controversy

Question 42

Can multiple plaintiffs aggregate their claims against a single defendant to form the amount in controversy?

Answer 42

No, unless the interest of both plaintiffs is common and undivided or if one plaintiff already meets the amount in controversy, the other plaintiff’s claims may be added as a supplemental claim

Question 43

Can class members aggregate claims to meet the amount in controversy?

Answer 43

They do not need to meet the amount in controversy so long as one named class member does

Question 44

What is a federal question?

Answer 44

a claim arising under the Constitution, laws, or treaties of the United States

Question 45

What does Article 3 and 28 U.S.C. 1331 say about federal questions?

Answer 45

federal courts have jurisdiction over “all Cases, in Law and Equity, arising under this Constitution, laws, or treaties of the United States”

Question 46

What does arising under mean in the Constitution? Two things

Answer 46

1)If someone violates something in the Constitution, then they can bring it as a federal question to federal court
2)For claims that arise somewhere in Article 3 section 2 and to which Congress has approved it/authorized it in a statute, then Congress may authorize federal jurisdiction in any claim in which federal law forms an ingredient of the suit. This is the forms-an-ingredient-test. The federal question does not have to be the basis of the plaintiff’s claim. This is for specific types of cases, with the statute being the ingredient in the test.

Question 47

What does arising under federal law(28 U.S.C. 1331) mean?

Answer 47

Montley. The federal question must be the basis of the plaintiff’s claim (well pleaded complaint rule) satisfied in a 3 part Smith test
Does the state law claim…
1) necessarily raise a stated federal issue (the plaintiff must articulate that federal issue)
2) is the issue actually disputed and substantial? (the defendant must contest the issue and it must be important to the lawsuit)
3) Could the federal court decide this without disturbing any congressionally approved
balance of federal and state judicial responsibilities (the federal government doesn’t want to invade state rights)

Question 48

What is the well pleaded complaint rule?

Answer 48

A rule in civil procedure stating that, in order for federal question jurisdiction to be granted, a plaintiff’s “well-pleaded complaint” must state that the defendant directly violated some provision of the Constitution or federal law (basis of the claim)

Question 49

What kinds of claims arise under federal law?

Answer 49

1. Federal statutes that authorize something to be a federal question (ex- Sherman Act)
2. Federal regulations if made pursuant to an Act of Congress, and if the regulation or
   order creates a private right of action
3. Executive orders if intended to create a private claim
4. Federal common law
5. International law if litigated in the United States, but there has been some rejection of that under claims that it violates the Erie Doctrine
6. Interstate compacts (also disputed)

Question 50

What does arising under U.S. treaties mean?

Answer 50

Treaties rarely create private claims, so courts reject cases with a weak relationship between the treaty and the claim. Claims do arise however on the grounds of reciprocity in wrongful death and source of title to land

Question 51

What statute is supplemental jurisdiction governed by?

Answer 51

28 U.S.C. 1367

Question 52

What does 28 U.S.C. 1367 say?

Answer 52

grants federal district courts supplemental jurisdiction for a claim arising from state or foreign law and lacking its own basis for federal jurisdiction (that is, not a federal question or diversity claim), but that is “so related to claims in the action within such original jurisdiction that [it] forms a part of the same case or controversy under Article III.”

Question 53

Who gets to use supplemental jurisidiction and who doesnt ?

Answer 53

All parties in federal question cases and all defendants in diversity cases, most plaintiffs in diversity cases cannot use supplemental jurisdiction

Question 54

Is supplemental jurisdiction discretionary?

Answer 54

Yes because if an anchor claim gets dismissed the federal court can choose to keep the supplemental claim or send it back to federal court

Question 55

Supplemental jurisdiction does not apply to what kind of counterclaim?

Answer 55

permissive counterclaims, which must have their own bases for jurisdiction (federal question or diversity). These counterclaims do not arise from the same transaction or occurrence as the anchor claim.

Question 56

Supplemental jurisdiction applies to what kind of counter claim?

Answer 56

compulsory counterclaims, a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff’s claim, and which is forfeited if not raised in the same lawsuit

Question 57

What two types of jurisdictions have been replaced by supplemental jurisdiction?

Answer 57

• Pendent jurisdiction- federal common law doctrine that allows plaintiff to add claims and parties that shared a “common nucleus of operative fact” with the federal question claim.
• Ancillary jurisdiction- federal common law doctrine that allows parties other than plaintiffs (defendants, third party defendants, etc.) to add claims and parties that lacked federal subject matter jurisdiction (typically State law counterclaims, cross claims, and third party claims) to both federal question and diversity cases, if the added claim arose from a “common nucleus of operative fact” with a claim over which the court had jurisdiction

Question 58

What is removal jurisdiction and what statute governs it?

Answer 58

28 U.S.C. 1441, the defendant’s right to take a claim from state court that could have been filed in federal court and move it to federal court. This was created to allow defendant’s to have a neutral forum

Question 59

What types of requirements are non waivable for removal jurisdiction?

Answer 59

jurisdictional requirements

Question 60

What types of requirements are waivable for removal jurisdiction?

Answer 60

procedural requirements

Question 61

What are the jurisdictional requirements for removal jurisdiction?

Answer 61

• The case must have been able to be originally filed in federal court, and the pleading must be based on some ground of federal jurisdiction
• The defendant’s notice of removal must invoke a jurisdictional statute like 28 U.S.C. 1131 (federal question) or 28 U.S.C. 1332 (Diversity)
• Additional claims lacking a distinct jurisdictional basis include supplemental claims that by themselves don’t satisfy federal question or diversity, but form a part of the same case or controversy as a claim eligible for federal jurisdiction AND 28 U.S.C. 1441© allows a case with federal claims and unrelated state claims to be removed to federal court, and the federal judge decides which claims lack original jurisdiction to be sent back to the trial court

Question 62

What are the procedural requirements for removal jurisdiction?

Answer 62

• Notice: Defendant needs to file a notice of removal stating the basis for removal + state court pleadings in both the state and federal court and served on all parties 28 U.S.C. 1446(a)
• Defendant unanimity- all defendants who are served must join in on the removal
• Removal is automatic- Federal and/or state court do not need to approve removal
• Time limits- the Notice of Removal must be filed within 30 days of defendant’s receipt of the initial state court pleading, or, if it later becomes removable, 30 days of defendant’s first receipt of an amended pleading, motion, or other paper indicating that the case is now removable

Question 63

What kinds of things can make a case removable?

Answer 63

include the plaintiff adding a federal question, non-diverse parties being dismissed, and the plaintiff’s damages reaching the amount in controversy (assuming diversity is already met)

Question 63

When can objections be filed with removal jurisdiction?

Answer 63

Jurisdictional objections can be raised at any time, but procedural defects must be raised within 30 days from the filing of the Notice. If not raised, they are waived and the improperly removed case will remain in federal court

Question 63

What are two removal jurisdiction requirements specific to diversity cases?

Answer 63

• None of the defendants may be citizens of the forum state. 28 U.S.C. 1441(b)
• When the case is not initially removable (no federal question or
  diversity) but becomes removable later in the case, removal must occur no later
  that one year after the case was filed in state court. 28 U.S.C. §1446(

Question 64

Where to remove cases?

Answer 64

the federal district court that has jurisdiction over the geographic area where the state court case is located