Subject Matter Jurisdiction Flashcards
Types of subject-matter jurisdiction:
1) Federal Question
2) Diversity
3) Supplemental
Federal Question SMJ means:
Face of plaintiff’s complaint pleads a violation or question of federal law.
Diversity SMJ:
Action involves parties who are citizens of different states and the amount in controversy is greater than $75,000.
Supplemental SMJ:
Claim arises out of the same case or controversy as claims giving rise to original SMJ.
A violation of a federal statute does not create a federal cause of action unless:
the statute also provides a remedy for the violation.
Federal courts have original jurisdiction over:
admiralty or maritime cases.
Federal courts have SMJ to review the state court conviction of a prisoner through:
a writ of habeas corpus challenging the confinement of the prisoner on federal constitutional grounds.
A diversity action will be dismissed if it appears to “a legal certainty” that the plaintiff’s claim:
does not exceed $75k. (if it is exactly $75k, that’s not enough). The burden falls on the defendant to prove that the amount in controversy is not more than $75k.
If any plaintiff and any defendant share citizen in the same state:
There will be no diversity of jurisdiction.
When must diversity be met:
only at the time the suit is filed.
Federal courts possess diversity JX over actions between:
1) Citizens of different states in the U.S.
2) U.S. citizens and citizens of a foreign country; or
3) a foreign state as plaintiff and a U.S. citizen.
A party is considered to be a citizen of her state of domicile.
Domicile requires both physical presence in the state and the intent to remain in that state indefinitely.
For purposes of determining diversity, a corporation is a citizen of:
Both the state of its incorporation and the state where it has its principal place of business.
Can a corporation have more than one principal place of business?
No. The PP of Biz is the corporation’s “nerve center,” or the location where the corporation’s officers direct, control, and coordinate the corporation’s activities.
An unincorporated association is a citizen of:
the citizenship of all the members of the association.
Supplemental jurisdiction:
allows a federal district court to hear claims over which the court would not ordinarily have JX if those claims arise out of the same transaction or occurrence as a claim over which the court does have SMJ.
When does supplemental jurisdiction exist?
When the federal district court already possesses SMJ over the original claim based on either federal question or diversity JX. However, a court is not required to exercise supplemental JX.
Concurrent JX:
A federal court has concurrent JX over a particular case if the case could also have been brought in state court.
A defendant has the right to remove the case from state to federal court when:
the plaintiff could have originally brought the case in federal court.
If removal is based on diversity, all of the defendants:
must be diverse from the plaintiff. Removal on the basis of diversity will not be granted if any of the defendants is a citizen of the forum state.
If a plaintiff’s case is based on federal law, the defendant may have the case removed without:
a showing of diversity.
To remove a case, a defendant must file notice in federal court in the district in which the action is currently pending. This must be done:
1) within 30 days of service of the initial pleading.
2) if a case is not removable when the initial pleading is filed and the complaint is amended in a way that now makes the case removable, notice must be filed within 30 days of service of the amended pleading.
3) A case removable on the basis of diversity JX may not be removed more than 1 year after the commencement of the action.
In cases with multiple defendants, removal:
1) Must be consented to or joined by all defendants in order for removal to be proper
2) As long as the las served defendant files a timely notice of removal and the earlier served defendants join in or consent to that removal, the entire case is deemed timely removed.
Where is the venue of a removed case?
the district court where the state court is located.
