SUBJECT MATTER JURISDICTION

Question 1

BASIC IDEA

Answer 1

About the court’s power over the case
contrast with personal jurisdiction is the power over the parties
- TWO types of cases that a federal court can hear:
1. Diversity of Citizenship
2. Federal Question

Question 2

1. DIVERSITY OF CITIZENSHIP

Answer 2

Case is either:
1. Between citizens of different U.S. states or
2. Between a citizen of a U.S. state and a citizen of a foreign country (Alienage)
Two requirements:
- Diversity of citizenship
- amount in controversy

Question 3

REQUIREMENT 1: DIVERSITY OF CITIZENSHIP- Who are the right litigants for a diversity case

Answer 3

Complete diversity rule: No plaintiff can be from the same state as ANY defendant

Question 4

DIVERSITY OF CITIZENSHIP- domicile

Answer 4

Where the person lives.
To establish a NEW domicile: must have presence in the new place and the intent to make the place home for the foreseeable future.

Question 5

DIVERSITY OF CITIZENSHIP- citizenship of the corporation

Answer 5

Every state or country where the corporation is incorporated AND
the one U.S. state or country that is the primary place of business.

Question 6

DIVERSITY OF CITIZENSHIP- Citizenship of partnership, LLC, etc.

Answer 6

Any state in which ANY and ALL members reside.

• may be sued in its own name if local law permits; or
• is an aggregate of individuals if local state law follows the common law rule

Question 7

DIVERSITY OF CITIZENSHIP- citizenship of decedents, minors or incompetents

Answer 7

• representative’s citizenship is irrelevant

- use citizenship of the decedent, minor or incompetent.

Question 8

REQUIREMENT 2: AMOUNT IN CONTROVERSY

Answer 8

P’s claim must exceed $75,000

Question 9

AMOUNT IN CONTROVERSY: Aggregation

Answer 9

adding two or more claims to meet the amount requirement.

• Aggregate the claims of any ONE plaintiff against any ONE defendant
• can aggregate factually UNRELATED claims
• plaintiff who has an action CANNOT aggregate based on separate liabilities.
• For joint claims, use the total value of the claim- number of parties is irrelevant.

Question 10

AMOUNT IN CONTROVERSY:Equitable relief

Answer 10

Two tests: if EITHER is met- Court says ok

1. Plaintiff’s viewpoint: Does the blocked view decrease the value of plaintiff’s property by more than $75,000
2. Defendant’s viewpoint: Would it cost Defendant more than $75,000 to comply with the injunction.

Question 11

DIVERSITY OF CITIZENSHIP- EXCLUDED CASES

Answer 11

Federal courts won't hear cases regarding:
divorce
alimony
child custody
probate and estate

Question 12

2. FEDERAL QUESTION

Answer 12

Claim arises under federal law.
ASK if plaintiff ENFORCING a federal right
No amount in controversy requirement

Question 13

FEDERAL QUESTION- well pleaded complaint rule

Answer 13

The plaintiff’s claim itself must arise under federal law

Question 14

DIVERSITY- restriction on use of supplemental jurisdiction

Answer 14

1. claims by plaintiff against persons made parties through impleader, compulsory joinder, permissive joinder, or intervention
2. claims of persons proposed to be joined as plaintiff’s under Rule 19
3. claims by persons seeking to intervene as plaintiffs under Rule 24.

Question 15

AMOUNT IN QUESTION- other types of cases

Answer 15

• counterclaim cannot be combined with P’s to reach the jurisdictional amount
• compulsory counterclaim does not need to meet the jurisdictional requirement- court has ancillary jurisdiction
• permissive counterclaim must meet amount
• no removal to federal court based on counterclaim