Subject Matter Jurisdiction

Question 1

Types of subject-matter jurisdiction:

Answer 1

1) Federal Question
2) Diversity
3) Supplemental

Question 2

Federal Question SMJ means:

Answer 2

Face of plaintiff’s complaint pleads a violation or question of federal law.

Question 3

Diversity SMJ:

Answer 3

Action involves parties who are citizens of different states and the amount in controversy is greater than $75,000.

Question 4

Supplemental SMJ:

Answer 4

Claim arises out of the same case or controversy as claims giving rise to original SMJ.

Question 5

A violation of a federal statute does not create a federal cause of action unless:

Answer 5

the statute also provides a remedy for the violation.

Question 6

Federal courts have original jurisdiction over:

Answer 6

admiralty or maritime cases.

Question 7

Federal courts have SMJ to review the state court conviction of a prisoner through:

Answer 7

a writ of habeas corpus challenging the confinement of the prisoner on federal constitutional grounds.

Question 8

A diversity action will be dismissed if it appears to “a legal certainty” that the plaintiff’s claim:

Answer 8

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.

Question 9

If any plaintiff and any defendant share citizen in the same state:

Answer 9

There will be no diversity of jurisdiction.

Question 10

When must diversity be met:

Answer 10

only at the time the suit is filed.

Question 11

Federal courts possess diversity JX over actions between:

Answer 11

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.

Question 12

A party is considered to be a citizen of her state of domicile.

Answer 12

Domicile requires both physical presence in the state and the intent to remain in that state indefinitely.

Question 13

For purposes of determining diversity, a corporation is a citizen of:

Answer 13

Both the state of its incorporation and the state where it has its principal place of business.

Question 14

Can a corporation have more than one principal place of business?

Answer 14

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.

Question 15

An unincorporated association is a citizen of:

Answer 15

the citizenship of all the members of the association.

Question 16

Supplemental jurisdiction:

Answer 16

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.

Question 17

When does supplemental jurisdiction exist?

Answer 17

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.

Question 18

Concurrent JX:

Answer 18

A federal court has concurrent JX over a particular case if the case could also have been brought in state court.

Question 19

A defendant has the right to remove the case from state to federal court when:

Answer 19

the plaintiff could have originally brought the case in federal court.

Question 20

If removal is based on diversity, all of the defendants:

Answer 20

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.

Question 21

If a plaintiff’s case is based on federal law, the defendant may have the case removed without:

Answer 21

a showing of diversity.

Question 22

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:

Answer 22

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.

Question 23

In cases with multiple defendants, removal:

Answer 23

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.

Question 24

Where is the venue of a removed case?

Answer 24

the district court where the state court is located.

Question 25

A plaintiff may bring a motion to remand the case to state court if:

Answer 25

the motion for remand is made within 30 days of filing the removal notice.

The defendant has the burden of showing that the removal was proper.

Question 26

A motion to remand based on lack of SMJ is not:

Answer 26

subject to any time limit since such an objection can never be waived.

Question 27

Lack of SMJ can never:

Answer 27

be waived.

Question 28

Territorial JX is:

Answer 28

the authority of a court to bind a party to the action.

Question 29

A federal court has territorial JX:

Answer 29

over the state in which that federal district is located.

Question 30

A federal statute that creates a particular cause of action may:

Answer 30

provide that federal courts have nationwide JX

Question 31

A federal court may exercise JX over a defendant outside the state in which the court is located if the defendant is joined under Rule 14 or 19 AND

Answer 31

is served w/in a U.S. judicial district not more than 100 miles from where the summons was issued.