Subject Matter Jurisdiction

Question 1

What must the amount in controversy be to be heard in federal court?

Answer 1

More than $75,000

Question 2

If there is one plaintiff and one defendant can the plaintiff aggregate claims to meet the amount in controversy requirement?

Answer 2

Yes

Question 3

If there is one plaintiff and multiple defendants can the plaintiff aggregate claims to meet the amount in controversy requirement?

Answer 3

No; plaintiff must meet the amount in controversy requirement for each defendant

Question 4

What is simple diversity?

Answer 4

at least one plaintiff must have a different citizenship from at least one defendant

Question 5

What is complete diversity?

Answer 5

No plaintiff can have the same citizenship as any defendant

Question 6

What is the date as of which diversity of citizenship is determined?

Answer 6

the date the lawsuit is filed

Question 7

What determines a natural persons’ citizenship?

Answer 7

where they are domiciled

Question 8

What does domicile mean?

Answer 8

The objective physical presence and the objective intent to remain there indefinitely

Question 9

What determines and artificial entities’ (corporation) citizenship?

Answer 9

state of corporation and principal place of business

Question 10

Subject matter jurisdiction refers to:

Answer 10

a federal court’s power to decide the kind of dispute before it

Question 11

Most federal cases fall into two categories:

Answer 11

disputes involving a federal question and disputes involving parties with diversity

Question 12

Any party of the court may object to the court’s lack of ________ at any time, including on appeal.

Answer 12

subject matter jurisdiction

Question 13

Can a plaintiff aggregate claims to meet the $75,000+ requirement in a suit where there is one defendant?

Answer 13

Yes

Question 14

Can a plaintiff aggregate claims against multiple defendants to meet the $75,000+ requirement?

Answer 14

No

Question 15

Diversity is determined at what time?

Answer 15

the time the complaint was filed

Question 16

Federal question does not have an ____________ requirement.

Answer 16

amount in controversy

Question 17

___________ jurisdiction allows the federal district courts to hear cases involving federal and constitutional claims

Answer 17

Federal question

Question 18

What does it mean for a court to have federal question jurisdiction over a claim?

Answer 18

The claim involves a cause of action arising under federal law

Question 19

When a plaintiff claims a cause of action arising under federal law, under the well-pleaded complaint rule, she must state a complaint that includes the elements she needs to prove to establish her claim and only those elements, If those elements include a question of federal law, the complaint meets ________

Answer 19

federal question jurisdiction

Question 20

___________ _________ allows federal courts to hear certain actions between people who live in different places.

Answer 20

Diversity jurisdiction

Question 21

What are the two basic requirements of diversity jurisdiction?

Answer 21

diversity and amount in controversy

Question 22

What does diversity mean?

Answer 22

the suit must involve plaintiffs and defendants who are “citizens of different states” or “citizens or subjects of a foreign state”

Question 23

A plaintiff must include a statement in her federal complaint alleging that the requirements of _____ are satisfied.

Answer 23

diversity

Question 24

§ 1332 has been interpreted to require _____ diversity between plaintiffs and defendants in every case

Answer 24

complete

Question 25

What is the test for domicile?

Answer 25

look at actual residence and the intent to remain there (courts often look for the place where the person keeps “his or her true, fixed, home and principal establishment, and to which he or she has the intention of returning whenever absent”

Question 26

Every person can have how many domiciles/

Answer 26

only one

Question 27

The intent to make a place a home (domicile) is usually measured by _________ criteria including if a person registers to vote, obtains a new driver’s license and automobile tags, opens a new bank account, and sells her residence in the proper state

Answer 27

objective

Question 28

What is a corporation’s principal place of business?

Answer 28

where the corporation’s high level officers direct, control, and coordinate the corporation’s activities

Question 29

The amount in controversy is measured by the sum sought in _________

Answer 29

plaintiff’s complaint

Question 30

The amount alleged in the complaint controls unless it appears to be a ______ ______ that the plaintiff will recover less than $75,000.

Answer 30

legal certainty

Question 31

As long as the original claim satisfied the ______ ______ rule, the court’s jurisdiction is not affected by the facts that it awards less than $75,000.

Answer 31

legal certainty

Question 32

What is supplemental jurisdiction?

Answer 32

The authority of federal courts to hear additional claims, even if they would lack independent ability, as long as the claims are substantially related to the original claims.

Question 33

How can a defendant remove a case from state to federal court?

Answer 33

The defendant files a notice of removal in federal court that causes automatic removal to that court. Then a motion to remand based on lack of federal subject matter jurisdiction may be made at any time, but a motion to remand based on any other defect must be made within 30 days after the notice of removal is filed

Question 34

Only _________ can remove a case

Answer 34

defendants

Question 35

If there are multiple defendants, all of the defendants must join the notice of removal. What happens if any of the defendants do not wish to remove?

Answer 35

the case stays in state court

Question 36

If any of the _______ is a citizen in the state court action is pending, removal is impossible.

Answer 36

defendants

Question 37

Diversity must exist in a state court case for removal when ____________ and _________

Answer 37

the case was filed and at the time of removal

Question 38

Notice for removal must be filed within ______ days after defendant receives notice she is a defendant in a state court case that could have been filed in federal court

Answer 38

30

Question 39

If the original case was not removable, but the case becomes removable because of an amendment to the pleadings or plaintiff’s dismissal of one or more parties, the notice must be filed within ___ days of the date defendant receives the order or amended pleading

Answer 39

30

Question 40

What is the one year limit on removal?

Answer 40

A diversity case cannot be removed more than one year after it was originally commenced, even if the amendment or order making it removal does not occur until after that date UNLESS the plaintiff has acted in bad faith to prevent defendant from removing the action

Question 41

What a defendant files for removal, where should a plaintiff file his objection to the removal?

Answer 41

federal court (once a removal has been filed, the state court no longer has anything to do with the case)

Question 42

Under § 1441, a case may only be removed if

Answer 42

it could have been filed originally in a federal court

Question 43

§ 1441(b) bars removal solely on the basis of _______ by a defendant who is sued in her home state

Answer 43

diversity

Question 44

A single plaintiff may ___ all claims she has against a single divers defendant, regardless o whether the claims are related in any way

Answer 44

aggregate

Question 45

Liability insurance’s place of citizenship is:

Answer 45

wherever the liability insurance carrier’s place of citizenship is