Subject Matter Jurisdiction Flashcards
Exclusions - fed Court won’t hear
Divorce
Alimony
Child custody
Probate
Diversity
Complete diversity
Amount in controversy exceeds 75K
Citizenship (individuals)
Permanent home to which he intends to remain
Determined at time suit is filed
Citizenship (LLC)
Citizen of each state of which any member is a citizen
Citizenship (corporations)
Citizen of every u.s. state and foreign country where incorporated
And
The one u.s State or foreign country where corporation had its principal place of business - the nerve center of its operations
Aggregation
P may aggregate all of her claims against a single D
Multiple D only if jointly liable to P
Cannot aggregate liabilities based on separate claims
Several Ps can aggregate only if seeking to enforce single title or rights in the High they have a common or undivided interest
Supplemental jurisdiction
Common nucleus of operative fact
Solely diversity CANNOT be used to support claims by:
- Ps against impleaded parties, compulsorily or permissively joined parties or intervening parties
- By persons who are to be compulsorily joined as Ps
- By persons seeking to intervene as Ps
Cannot override complete diversity
Supplemental Jurisdiction Third Parties
No diversity or amount in controversy required between third party and D and third party and Por original P unless P asserts claim against third party D.
Supplemental Jurisdiction (Crossclaims)
Diversity requirements not necessary if arising out of some transaction/occurrence because crossclaim can be asserted through supplemental jurisdiction
Federal Question
Where a claim in P’s complaint arises under the laws, treaties or constitution of the United States a court will have federal question jurisdiction
Well pleaded complaint
Not enough that federal issue is raised by complaint.
Claim itself must arise under federal law.
Defense based on federal law doesn’t create federal question jurisdiction.
No federal question raised only in anticipation of some defense
Exclusive federal jurisdiction over
Bankruptcy Patents & copyright U.S. party in suit Consuls Antitrust Actions against foreign states Postal matters IRS cases SEC Admiralty
Implied federal rights of action
Not essential federal statute expressly provide civil cause of action
Federal corporations
Comparte Patty incorporated by Congress only meets federal question jurisdiction if U.S. owns more than half of stock
Pendant claims
If P has both federal and state claims, Fed court has discretion to exercise supplemental jurisdiction over state claim if two claims derive from common nucleus of operative fact and are such that P would ordinarily be expected to try them all in once proceeding.
