Subject Matter Jurisdiction

Question 1

Corporation’s Citizenship

Answer 1

Place of Incorporation

AND

PPB

Question 2

Diversity Jurisdiction

Answer 2

(1) Complete Diversity of the Parties

AND

(2) Amount in Controversy EXCEEDS $75,000

Question 3

Federal Question

Answer 3

Action arises under federal law (federal statutes, U.S. Constitution, or federal treaty)

Plaintiff’s Cause of Action arises from federal law.

P’s right to recover is a right created by federal law, rather than state law.

Question 4

Supplemental Jurisdiction

Answer 4

When a federal court has SMJ over one claim, the federal court has discretion to exercise supplemental jurisdiction over related claims that derive from the same common nucleus of fact and are such that a P would ordinarily be expected to try them in a single judicial proceeding.

Question 5

Deceased’s Estate Citizenship

Answer 5

The citizenship of the deceased party.

Executor’s citizenship is irrelevant

Question 6

Deceased’s Estate Citizenship

Answer 6

The citizenship of the deceased party.

Executor’s citizenship is irrelevant

Rule: Representative’s citizenship is irrelevant, but instead of the represented party, whether it be a minor or a dead person.

Question 7

Supplemental Jurisdiction Exception

Answer 7

Cannot override DJ requirements for the original P

Question 8

Exclusive Federal Court jurisdiction

Answer 8

(1) Bankruptcy proceedings;
(2) Patent and Copyright Cases;
(3) Many cases where the United States is involved;
(4) actions against foreign states removed from state courts to federal courts;
(5) Postal matters;
(6) Internal Revenue Service cases;
(7) Securities Exchange Act cases