Subject Matter Jurisdiction

Question 1

Subject Matter Jurisdiction (prompt)

Answer 1

SMJ is the federal courts power to hear a particular case. SMJ can be based upon either a federal question or diversity of citizenship. Here,

Question 2

Federal Question

Answer 2

Federal courts have jurisdiction over claims that are seeking a determination based ONLY on federal law and federal question. Here,

Question 3

Diversity of Citizenship

Answer 3

Diversity of citizenship requires a showing of both complete diversity of the parties and that the amount in controversy is over $75,000

Question 4

Complete Diversity

Answer 4

P must be from a different state than all Ds. Here,

Question 5

Amount in Controversy

Answer 5

The amount in controversy must exceed $75,000. A P may add all of his claims against D to reach the amount in controversy requirement. Here,

Question 6

Removal Jurisdiction

Answer 6

D may seek to “remove” a case to federal court. P may not as P already had the option to file in the court of their choice. Removal is proper if:

1) The district court has SMJ
2) All D’s agree to remove
3) D’s must file within 30 days of service (restarts with every new D served)
4) No D is resident of the forum state
5) D’s must remove within 1 year of filing unless P acted in bad faith

Here,

Question 7

Remand

Answer 7

P can file a motion to remand the case back to state court. The court MUST remand whenever it is shown that there was no federal SMJ. Here,

Question 8

Supplemental Jurisdiction

Answer 8

The court has the discretion to exercise supplemental jurisdiction to hear a secondary claim, even if the claim would not otherwise satisfy the courts SMJ, if the claim arises from a “common nucleus of operative fact”. Here,