Subject Matter Jurisdiction

Question 1

Domicile –> Corporation

Answer 1

State where incorporated Principal Place of Business

Question 2

Principal place of business (PPB)

Answer 2

Refers to the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities.

Question 3

28 USC 1331 Federal Question District Courts shall have original jurisdiction of all civil actions arising under the

Answer 3

Constitution, Laws, or Treaties of the United States Must appear as part of P’s cause of action set out in a well-pleaded complaint.

Question 4

28 USC 1332 Diversity Jurisdiction District courts shall have original jurisdiction of all civil actions where

Answer 4

Exceeds sum of $75,000 and between Citizen v. Citizen Citizen v. foreigner OR foreigner v. Citizen Citizen & foreigner v. Citizen Citizen v. Citizen & foreigner Citizen & foreigner v. citizen & foreigner

Question 5

Domicile–> Person

Answer 5

Presence with the intent to remain indefinitely

Question 6

28 USC 1367(b) Supplemental Jurisdiction

Answer 6

No SJ over claims by P’s against parties under Rule 14, 19, 20, or 24 Is the claim based on diversity? Is the claim brought by the P? 14, 19, 20, 24? Is it inconsistent with 1332? Yes to all 4 of these –> No SJ If (a) and (b) are satisfied, can still be denied by (c)

Question 7

28 USC 1367(a) Supplemental Jurisdiction

Answer 7

SJ over all other claims that come from the same common nucleus of operative facts If (a) is satisfied, can be denied by (b)

Question 8

28 USC 1367(c) Supplemental Jurisdiction

Answer 8

District Courts may decline to exercise SJ over a claim if – The claim raises a novel or complex issue of State law, – The claim substantially predominates over the claim or claims over which the district court has original jurisdiction – District Court has dismissed all claims over which it has original jurisdiction, or – Exceptional Circumstances, there are other compelling reasons for declining jurisdiction.

Question 9

28 USC 1441(a) Removal

Answer 9

Civil action brought in state court BUT could’ve been brought in federal court D may remove it to fed district court in location it was brought

Question 10

28 USC 1441(b) Removal

Answer 10

If basis for removal is diversity, removal ONLY IF none of the D’s is from the state in which the action was brought. “home state rule”

Question 11

Who can remove a claim?

Answer 11

ONLY defendants can remove; all must consent to removal

Question 12

Well-Pleaded Complaint Rule

Answer 12

Governs whether a D can remove a case based on the existence of a federal question. Only exists when a Fed question is presented on the face of P’s properly pleaded complaint

Question 13

How is domicile tested?

Answer 13

By looking at conduct/behavior and words

Question 14

Complete Diversity

Answer 14

ALL parties on one side of the “v.” must be diverse from the other side.

Question 15

1446 Procedure for Removal (time)

Answer 15

a. Time frame 30 days when you get the complaint or in which you are served (whichever is shorter) b. Usually you get served and receive the complaint together c. If the case stated by the initial pleading is not removable, if there is an amended pleading or any other paper which shows that the case is now removable–notice of removal may be filed within 30 days of the filing of the amended pleading or any other paper from which is can be ascertained that the case has become removable Exception 1. if the basis for removal is diversity, you can’t remove more than 1 year after the commencement of the action