Subject matter Jurisdiction

Question 1

subject matter jurisdiction

Federal courts are courts of _____ jurisdiction

Answer 1

Power of the court to decide this kind of case. SMJ cannot be waived. Lack of SMJ can be raised by any party at anytime including by the plaintiff or an appeal.

Federal courts are courts of limited jurisdiction

Question 2

personal jurisdiction

Answer 2

power of the court to decide the rights and liabilities of this defendant

Question 3

venue

Answer 3

determining the appropriateness of deciding the case in a particular court which has subject matter jurisdiction and personal jurisdiction over the defendant.

Question 4

How can SMJ be achieved in federal court?

Answer 4

Arising Under a Federal Question

Diversity

Question 5

Diversity jurisdiction is based on two things.

Complete ____ is required which means that every citizenship on the ____ side must be ___ than every citizenship on the ____ side.

When must diversity exist?

Answer 5

Cases between citizens of different states (or citizen of state and foreign country)

If the amount exceeds $75,000, exclusive of interest and cost. Any good faith allegation will suffice.

Complete diversity between plaintiffs and defendants are required. (Every citizenship represented on the plaintiff’s side must be different than e every citizenship on the defendant’s side.) Diversity must exist when the complaint is filed.

Question 6

Corporations and Diversity

Answer 6

Corporations are considered a citizen in the state, states or countries in which it is incorporated AND the state or country of its principal place of business.

Question 7

Amount in controversy

Applies when?

What about supplemental jurisdiction?

Answer 7

Only applies to diversity cases. Case will only be dismissed for failure to meet the AIC when it appears to a legal certainty that recovery in excess of $75,000 cannot be had.

Aggregation: plf can aggregate all his claims against the defendant to meet the AIC requirement.

If defs are jointly laible then plf can aggragate all of his claims against the defendants (as if they were one)

But a plf cannot add up all his claims against multiple defs. Claims against each def must be AIC requirement.

Multiple plfs: Each plf must meet the AIC requirement.

Supplemental jurisdiction - (allows a fed court with SMJ to hear additional claims over which the court would not indepenently have juris if ALL the claims constitute the same case or controversy.) If one plf has a claim exceeding $75k, the claims of other plf can be heard regardless of the amount if all of the claims rise out of the same transaction or occurrence and complete diversity is maintained.

Question 8

does a counterclaim in a diversity action have to meet the jurisdictional minimum of $75k?

Answer 8

Yes in a permissive counterclaim.

No in a compulsory counterclaim

Question 9

Supplemental jurisdiction allows a federal court to hear what?

Answer 9

Supplemental jurisdiction allows a fed court with SMJ to hear additional claims over which the court would not independently have jurisdiction if ALL the claims constitute the same case or controversy.

Claims constitute the same case or controversy if they arise out of a common nucleus of operative fact, meaning the claims arise out of the same transaction or occurrence.

Question 10

A federal court sitting in a ____ action has supplemental jurisdiction over a compulsory _____. A permissive counterclaim can only be heard if it independently _____ diversity jurisdiction. (which means?)

Answer 10

A federal court sitting in a diversity action has supplemental jurisdiction over a compulsory counterclaim regardless of the amount in controversy.

A permissive counterclaim can only be heard if it independently satisfies diversity jurisdiction (complete diversity and $75k)

Question 11

Does supplemental jurisdiction apply to cross-claims?

What is a cross claim?

Does it matter that if there is diversity or AIC?

Answer 11

Yes
A cross claim is a plf v plf, or def v co-def.
Cross claim must share a common nucleus of operative fact. Does not matter if co plf or co def are not diverse or the amount is less than $75k

Question 12

Supplemental jurisdiction works for federal _____ cases across the board.

Answer 12

Federal Question Cases

Question 13

Supplemental jurisdiction works for ___ counterclaims, cross____; and for voluntary joinder of ____ when there is complete diversity with all named plfs, when one of them has a claim exceeding $75k and all claims arise out of the same _____ and ______.

Answer 13

compulsory counterclaims;
cross claims;
voluntary joinder of plf’s;
transaction and occurrence

Question 14

Removal is when a case is moved from _____ court to _____ court.

Transfer is when a case is moved from _____ court to another ____ court.

Removal is proper when? Who may move? Must all defs consent to removal?

Answer 14

Removal is when a case is moved from state court to federal court.

Transfer is when a case is moved from federal court to another federal court.

Removal is proper only if the case could have been brought originally in federal court. Only defendants may move. If there are multiple defs, all defs must consent to removal.

Question 15

Removal under a federal question says that if a the plf’s claim is based on state law, def _____ remove even though the def has a ______

Answer 15

CANNOT

federal defense

Question 16

Removal based on diversity jurisdiction is ______ only if there is ______ diversity; the amount ______ in controversy exceeds ______; and the action is brought in a state of which ____ defendant is a citizen.

Answer 16

proper only if there is complete diversity;
the AIC exceeds $75k;
in a state where NO def is a citizen

Question 17

When a federal court has jurisdiction over a claim arising under federal law, the court may exercise supplemental jurisdiction over a state-law claim that arises out of a “common _____ of _____ fact,” even though the federal court would not otherwise have subject-matter jurisdiction over the state-law claim.

Answer 17

When a federal court has jurisdiction over a claim arising under federal law, the court may exercise supplemental jurisdiction over a state-law claim that arises out of a “common nucleus of operative fact,” even though the federal court would not otherwise have subject-matter jurisdiction over the state-law claim.