Subject Matter Jurisdiction

Question 1

Which type of cases can State courts hear?

Answer 1

Any kind!

(Remember it’s only the Federal Courts which require personal and subject matter jurisdiction).

Question 2

Can parties consent to either personal jurisdiction or subject matter jurisdiction?

Answer 2

Only to personal jurisdiction.

Question 3

Broadly speaking, what does Diversity of Citizenship require?

Answer 3

The plaintiffs and the Defendant(s) cannot be citizens of the same state.

The amount in controversy must exceed $75,000.

Question 4

How can an individual change their domicile (since they can only have one)?

Answer 4

Requires:

— Presence in the new place; AND

— Intent to make that your new home for the foreseeable future

Question 5

At what point in the case do you test for diversity?

Answer 5

When the case is filed.

Question 6

If a citizen of State A files a case against a citizen State X, in State A, but several months later re-domiciles to State X, will that destroy diversity?

Answer 6

No, because it doesn’t matter what happens to citizens before or after the case is filed.

Question 7

How do you determine citizenship of a corporation?

Answer 7

A company is a citizen of EVERY State/country where it is incorporated;

AND

The ONE State/country of its principal place of business.

Question 8

How do you assess citizenship of a partnership?

Answer 8

Consider the citizenship of ALL members of the partnership.

Question 9

How do you assess the citizenship of minors, incompetents, etc.?

Answer 9

Use that citizenship of that person, not their representative.

Question 10

When considering the Amount in Controversy, how do we calculate what the claim is worth?

Answer 10

Look at the claim itself, not litigation costs or interest on the claim.

Question 11

What is the aggregation rule for a single plaintiff suing a single defendant?

Answer 11

The plaintiff can take into account ALL claims they have against the Defendant, even if UNRELATED.

Question 12

What is the aggregation rule for a single plaintiff suing several defendants?

Answer 12

The plaintiff CANNOT aggregate claims against separate Defendants if based off different liabilities.

Question 13

What is the aggregation rule for a several plaintiffs suing a single defendant?

Answer 13

Multiple plaintiffs can aggregate their claims if they’re SEEKING TO ENFORCE A SINGLE RIGHT, in which they have a common or undivided interest.

Question 14

What’s the aggregation rule to establish the amount in controversy for joint tortfeasors?

Answer 14

Use the total value of the claim.

Question 15

What’s the amount in controversy rule regarding equitable relief (e.g. granting Plaintiff an injunction)?

Answer 15

Must meet EITHER of these tests:

— Does the harm cause more than $75,000 loss to the Plaintiff, or

— Would it cost the Defendant more than $75,000 to comply with the injunction.

Question 16

Even if the requirements for diversity of citizenship and the amount in controversy are met, which 4 cases will Federal courts still decline to hear?

Answer 16

Divorce

Alimony

Child Custody

Probate and Estate

Question 17

What must the plaintiff assert if they want to have their case heard under the Federal Question rule?

Answer 17

A well-pleasers complaint under federal law. This means, that the federal law issues cannot arise in the D’s answer or counterclaim

Question 18

Who must agree to removal of a case from the State trial court to the Federal court?

Answer 18

All defendants who have been served with Process.

Question 19

Can a plaintiff remove a case from State to Federal court?

Answer 19

Never

Question 20

When must the Defendant take action to remove a case from State to federal court and what must they do to start the process?

Answer 20

The D must file NOTICE of removal with the FEDERAL COURT within 30 DAYS of receiving service of the papers which show that the case is removable.

Question 21

What cases can a Defendant remove to Federal Court?

Answer 21

1. Those which could have originally been filed in federal court

OR

2. If the case is being removed on the basis of diversity, no Defendant is a citizen of the stage where the action is filed.

Question 22

A case involves 3 claims against the D, one of which is a federal question. If the D can satisfy subject matter jurisdiction for the federal claim, can he remove the other claims to Federal Court as well?

Answer 22

Yes, the Court has discretion to exercise SUPPLEMENTAL JURISDICTION over:

Related claims

That derive from the SAME COMMON NUCLEUS OF FACT; and

That are such that a case plaintiff would ordinarily be expected to try them together.

Question 23

What is the removal exception (when D is not permitted to remove the case to Federal Court)?

Remember: This applies ONLY in Diversity of Citizenship cases.

Answer 23

No removal if:

— Any Defendant is a citizen of the forum State; AND

— It’s more than 1 year after the case was filed in State court

Except where the plaintiff voluntarily dismissed the claim against the second defendant to prevent removal.

Question 24

To which federal court should the Defendant remove?

Answer 24

To the Federal court “embracing” the State court where the case was filed. This means venue will be proper in the federal court of the state where the case is pending.

Question 25

When the D files NOTICE of removal with the Federal Court, what two things must they attach/state?

Answer 25

1. The diversity or federal question grounds

2. All documents that they were served with.

Question 26

Does the Defendant need the court’s permission to remove the case to Federal Court?

Answer 26

No

Question 27

Who must the D serve notice of remove upon after filing with the Federal Court?

Answer 27

Must serve on the adverse parties AND file notice in the State court.

Question 28

If the plaintiff thinks that the case D tried to remove should be remanded back to the State court, what action must they take and by when?

Answer 28

Must move to REMAND the case no later than 30 DAYS after Defendant filed notice of removal in federal court.

UNLESS: The reason for remand is subject matter jurisdiction, in which case there is no time limit.

Question 29

What happens if the plaintiff fails to meet the deadline to demand the case back to State court?

Answer 29

They waive their right (other than for subject matter jurisdiction).