Subject Matter Jurisdiction Flashcards
What is Subject Matter Jurisdiction?
Subject matter jurisdiction is the authority of a court to hear cases of a particular type or relating to a specific subject matter, and is always required and cannot be waived in federal court.
What are the two ways to establish Subject Matter Jurisdiction?
In federal court, subject matter jurisdiction may be based on: (1) a federal question, or (2) complete diversity of citizenship between the parties.
When is a claim or cause of action based on a Federal Question?
Subject matter jurisdiction based on a federal question involves a claim or cause of action—not an anticipated defense—that arises under the U.S. Constitution, federal law or a treaty. The federal question must appear on the face of a well-pleaded complaint.
When is a claim or cause of action based on Diversity of Citizenship?
Subject matter jurisdiction based on diversity of citizenship requires complete diversity between plaintiffs and defendants and an amount in controversy greater than $75,000, exclusive of interest and costs, as set forth in a good faith pleading.
How is Citizenship determined?
For persons, citizenship is his place of domicile (i.e., where he is physically present with intent to remain). For corporations, citizenship is both its state of incorporation and principal place of business (i.e., nerve center). For partnerships and limited liability companies, citizenship is any state in which its members are citizens.
How is the Amount in Controversy determined?
The amount in controversy is determined according to a good faith assertion. In some circumstances, claims may be aggregated to reach the amount in controversy threshold: (1) a single plaintiff can aggregate all claims against a single defendant; (2) a single plaintiff can aggregate all claims against multiple jointly and severally liable defendants; (3) any number of plaintiffs cannot aggregate separate claims against multiple defendants; and (4) multiple plaintiffs cannot aggregate claims against a single defendant unless they are enforcing a single title or right in a common and undivided interest.
What is Removal?
Removal requires federal jurisdiction, so any removal issue necessarily raises subject matter jurisdiction issues. Only defendants may remove to federal court, and all defendants must join in the removal of a case. Further, removal must be timely—i.e., within 30 days after service of the complaint.
What is Remand?
Remand is essentially reverse removal, and is granted only if the federal court lacked jurisdiction in the first place.
Recite the Structure for Subject Matter Jurisdiction.
Subject Matter Jurisdiction (Federal) 1. Federal Question: Involves a claim or cause of action arising under the Constitution, federal law or a treaty—must appear on the face of a well-pleaded complaint. 2. Diversity of Citizenship: There must be complete diversity between plaintiffs and defendants, and amount in controversy greater than $75,000, exclusive of costs, as set forth in a good faith pleading. a. Citizenship: For persons, citizenship is his place of domicile. For corporations, it is both its state of incorporation and principal place of business b. Aggregation
What is Supplemental Jurisdiction?
Supplemental jurisdiction is the power of a federal court to hear additional claims related to the original claim even though it would lack subject matter jurisdiction to hear the additional claims independently.
When may a Federal court hear a state claim under supplemental jurisdiction?
A federal court may hear a state claim arising out of the same transaction or occurrence as the federal claim, such that both claims share a common nucleus of operative fact and the plaintiff would ordinarily be expected to try them all in a single judicial proceeding.
