Subject Matter Jurisdiction

Question 1

SMJ: Definition

Answer 1

Court’s Authority to hear and adjudicate a case.

Question 2

Two main categories

Answer 2

1. Federal Question Jurisdiction

2. Diversity Jurisdiction

Question 3

Federal Questions Jurisdiction: Sources

Answer 3

1. Constitution
2. Federal Law
3. Treaties

Question 4

Well-pleaded complaint rule

Answer 4

The federal element of the plaintiff’s complaint must be necessary

Question 5

Diversity Jurisdiction: Two Basic Requirements

Answer 5

1. Complete Diversity of Parties
   - citizen of US and domicile of state
   - Corporation: where incorporated and principle place of business
2. Amount in controversy greater than $75,000

Question 6

Supplemental Jurisdiction: Definition

Answer 6

If a federal court can exercise jurisdiction over one or more claim, it may be able to exercise SMJ over the remaining claims

Question 7

Supplemental Jurisdiction: Two step application process

Answer 7

1. Sufficient factual relationship?
   - same case or controversy?
   - common nucleus of operative fact?
2. Exceptions
   - If only reason for federal jurisdiction is diversity–> no supplemental jurisdiction
   - Discretion: can use discretion to not exercise supplemental jurisdiction if the state claim raises a complex issue of state law, or it substantially predominates the federal claim, or if the district court dismisses federal claim, or any other compelling reason

Question 8

Removal from state court to federal Ct: 4 categories

Answer 8

1. Removal on Federal Question
   - If fed claims pe-empt state claims, it is removed
2. Removal on Diversity
   - not for d being sued in home state
   - must be diverse parties when filed and removed
3. Removal on Supplemental Jurisdiction
   - Same question as regular sup jur
4. Separate and independent
   - the fed issues may be removed to fed ct and state issues may stay in state court