Subject Matter Jurisdiction

Question 1

Federal Courts have limited “SMJ”, while state courts can hear any kind of case.

What are the two main types of cases that can be heard in federal court?

1. __________________
2. _________________

Answer 1

What are the two main types of cases that can be heard in federal court?

1. Diversity of Citizenship
2. Federal Question

Question 2

There are two requirements for Diversity of Citizenship cases.

1. __________________ either __________________; and
2. __________________

Answer 2

Two requirements for Diversity of Citizenship cases:

1. Between citizens of different US States; OR between a citizen of a foreign country (alienage) AND
2. The amount exceeds $75,000.00

Question 3

Under the complete diversity rule, the requirement of alienage is not satisfied if ________________________________________.

Answer 3

Under the complete diversity rule, the requirement of alienage is not satisfied if any plaintiff is a citizen of the same state as any defendant.

Question 4

What are the citizenships of a corporation?

1. __________________
2. _________________

Answer 4

What are the citizenships of a corporation?

1. Every US State & Country where incorporated; and
2. The one US state were the corporation has its Principal Place of Business

Question 5

What are the citizenships of Unincorporated Associations (i.e., Partnerships, LLC,) located?

__________________

Answer 5

An Unincorporated Association has the citizenship of all of its members.

(ex: XYZ Partnership has 18 partners who each are citizens of a different state. Therefore, XYZ Partnership has citizenship in all 18 states)

Question 6

How many states may a human be a citizen of at one time?

Answer 6

Only one.

Question 7

How many states may a corporation be a citizen of at one time?

Answer 7

Two.

1. State where incorporated and 2. Principal Place of Business

Question 8

How many states could an unincorporated association have citizenship in at one time?

Answer 8

All 50.

ex: if the unincorporated association had 50 members, and each was a member of a different US state

Question 9

Amount in Controversy

Whatever the plaintiff claims in good faith is ok, unless ___________________________.

Answer 9

Amount in Controversy

Whatever the plaintiff claims in good faith is ok, unless it is clear to a legal certainty that the plaintiff cannot recover more than $75,000.00.

Question 10

‘Aggregation’ describes ___________________________

Answer 10

Aggregation describes adding two or more claims to meet the amount requirement of $75,000.00.

Question 11

What claims may be aggregated?

Answer 11

Claims of any one plaintiff vs. any one defendant may be aggregated, so long as the plaintiff and the defendant are the same.

Question 12

Is there any limit on the number of claims that may be aggregated?

Answer 12

No, so long as the claims are any one plaintiff vs. any one defendant.

Question 13

Equitable Relief and the Amount in Controversy

How are petitions for equitable relief calculated in terms of the Amount in Controversy requirement?

________________________ or
_________________________

Answer 13

Petitions for equitable relief (usually injunction) are calculated in either of two ways:

1. Plaintiff’s viewpoint: by monetary value of harm to plaintiff; OR
2. Defendant’s viewpoint: by cost to defendant to comply with the injunction sought

Question 14

Exclusions refers to _________________________.

Common examples include:

_________________________

Answer 14

Exclusion:

Even if the requirements for a diversity or alienage case are met, federal courts may decline to hear some cases.

Common examples include: Divorce, alimony, child custody, probate cases

Question 15

What is the function of ‘Citizenship’ in Federal Question cases?

Answer 15

Citizenship is not relevant in Federal Question cases.

Question 16

What is the function of ‘Amount in Controversy’ in Federal Question cases?

Answer 16

The Amount in Controversy is not relevant in Federal Question cases.

Question 17

What is the function of the ‘Well Pleaded Complaint’ rule in Federal Question cases?

Answer 17

The Well Pleaded Complaint rule requires that the plaintiff’s claim itself must arise under federal law.

Ask: “is the plaintiff enforcing a federal right?”

If not, the case cannot go to federal court under Federal Question.

Question 18

Removal Jurisdiction transfers a case from ____________ court to ____________ court.

Answer 18

State Trial; Federal Trial

Removal Jurisdiction transfers a case from state trial; court to federal trial court.

Question 19

Who must join in the removal during a Removal Jurisdiction action?

And who may NOT remove ?

Answer 19

All Defendants served with process must join in a removal action.

Plaintiffs may not ever, under any circumstances, including counterclaim, remove.

Question 20

To what federal court does a Defendant remove a case to via Removal Jurisdiction?

Answer 20

A Defendant moves the case to the federal district court EMBRACING the state court where the case was filed, via a Removal Jurisdiction action.

Question 21

How does a Defendant remove a case?

1. _________
2. _________
3. _________
4. _________

Answer 21

To remove a case:

1. Defendant files ‘notice of removal’ in federal court stating grounds of removal.
2. Defendant attaches all documents served in state action
3. Defendant serves a ‘notice of removal’ on adverse parties
4. Finally, Defendant files a copy of ‘notice of removal’ in state court.