Subject Matter Jurisdiction

Question 1

SMJ

Answer 1

A court’s competence to hear and determine cases of the general class and subject to which the proceedings in question belong

1. Federal Question Jurisdiction
2. Diversity Jurisdiction
3. Supplemental Jurisdiction
4. Removal Jurisdiction
5. Legislative Jurisdiction

Question 2

Can SMJ be waived?

Answer 2

NO

Question 3

When can SMJ be raised?

Answer 3

Anytime by any party…even Plaintiff

Question 4

Federal Question

Answer 4

Exists for Plaintiff claims that arise under Federal Law. (federal defense doesn’t matter) “Well-Pleaded complaint rule”
• No amount in controversy requirement

Question 5

Diversity Jurisdiction

Answer 5

Parties to an action are:
• Citizens of different states
• Citizens of a state and citizens or subjects of a foreign state
• Citizens of different states and citizens or subjects of a foreign state are additional parties
• A foreign state as plaintiff and citizens of a state or different states

Question 6

Diversity Jurisdiction - Amount in Controversy

Answer 6

Must exceed $75,000 not including interest and costs

Question 7

What is excluded from Diversity Actions?

Answer 7

Domestic Relations and Probate matters

Question 8

Complete Diversity

Answer 8

Every citizenship represented on P’s side must be different from every citizen on the D’s side. (multiple Ps can be from the same state.)

Question 9

Minimal Diversity…when is it OK?

Answer 9

Class actions with AIC over $5,000,000. Plaintiff can be diverse from any defendant, not ALL defendants.

Also ok with federal interpleader act & inter-state mass tort claims (i.e. airline crash)

Question 10

When must diversity exist?

Answer 10

When the complaint is FILED.

Question 11

Citizenship

Answer 11

Where the party is domiciled. If representing decedent’s estate, it’s where the decedent was domiciled at death. If representing an infant, it’s infant’s domicile.

• Corporations = State of Incorporation AND the state of its principal place of business.
• Unincorporated Associations= every state its members are citizens.

Question 12

Is moving permitted?

Answer 12

Yes, even for diversity purposes, so long as change in domicile is genuine and not a sham.

Question 13

Aggregating Claims to exceed the $75,000 AIC

Answer 13

OK if 1 plaintiff v. 1 defendant.

• 1P v. Multiple Ds: if Ds are jointly liable, then P can aggregate and treat as if it’s one D Otherwise P cannot add up his claims against multiple Ds.

Multiple Ps: Each P’s claim must meet AIC

Question 14

Aggregating Claims for Multiple Plaintiffs and Supplemental Jurisdiction

Answer 14

o if one P has a claim exceeding 75k, the claims of the additional P’s can be heard regardless of the amount if the claims:

• Arise out of the same transaction or occurrence AND
• Complete diversity is maintained

Question 15

Counterclaims

Answer 15

By a defendant against a Plaintiff is not counted for the purposes of determining whether P has met the statutory jurisdictional amount.

Question 16

Compulsory Counterclaim

Answer 16

Claim arising out of the same transaction or occurrence = does not need to meet the $75,000 AIC amount

Question 17

Permissive Counterclaim

Answer 17

Claim arising out of a transaction unrelated to the P’s claim = does have to meet the $75,000 AIC amount.