Subject Matter Jurisdiction

Question 1

Can subject matter jurisdiction be waived?

Answer 1

No

Question 2

What types of claims can State courts hear?

Answer 2

Any types of claims - General SMJ
Exceptions:
- patent, trademark, fed bankruptcy, admiral/maritime claims, tort claims against US

Question 3

What 2 types of cases can go to Federal Court?

Answer 3

1. Diversity of Citizenship

2. Federal Question

Question 4

Diversity of Citizenship Requirements

Answer 4

1. Case is between citizens of different states

2. Amount in Controversy exceeds $75,000

Question 5

How is Citizenship determined for an individual?

Answer 5

A US citizen is the citizen of a state where they are domiciled (Mas v. Perry)

Question 6

How can an individual change their domicile?

Answer 6

1. Entering a New State

2. Form the intent to make it your permanent home

Question 7

How is Citizenship determined for an entity?

Answer 7

§1332(c)(1) -

Citizen of all states where incorporated and one state where it has PPOB

Question 8

How is Citizenship determined for an unincorporated entity?

Answer 8

§1332(c)(1) -

Citizen where every member is a citizen

Question 9

How to determine if a case has federal question jurisdiction?

Answer 9

1. Plaintiff’s own cause of action, in a well-pleaded complaint, shows that it arises from federal law (Mottley)
2. The case really and substantially involves a dispute respecting validity, construction, or effect of federal laws (Shulthis/Smith)
3. Federal law creates the cause of action (American WW)
4. The case necessarily raises a federal issue, actually disputed and substantial,, and the federal court can hear it without disturbing fed/state balance of judicial responsibilities