Subject Matter Jurisdiction

Question 1

What kinds of cases can state courts hear?

Answer 1

General SMJ, can hear any type of case

Question 2

Stawbridge

Answer 2

Complete Diversity Rule: there must be complete diversity bw ∆s and πs

Question 3

What kinds of cases can only be heard in Federal Court?

Answer 3

(1) Patent
(2) Trademark
(3) Federal Bankruptcy
(4) Admiralty

Question 4

What the fuck is the Constitution Article III §2 about?

Answer 4

Menu of offerings that congress will use when creating SMJ for lower courts. Congress is limited to this list

Question 5

Who has the burden of establishing SMJ?

Answer 5

π’s burden to establish that there is SMJ when filing in Federal Court

FRCP 8(a)

Question 6

Is SMJ waivable?

Answer 6

No

Question 7

What is required by §1332? (2)

Answer 7

(1) Case between citizens of different states
(2) amount in controversy exceeding 75k

§1332(a)(1-2)

Question 8

Where is the citizenship of a human being? (Mas)

Answer 8

A US citizen is a citizen of the state where she is domiciled. It is impossible to have more than 1 domicile at a time.

Question 9

How does one change their domicile? (Mas)

Answer 9

Must physically enter new state AND form the intent to make it your permanent home (think taking a job, buying a house, etc.)

Question 10

How do we determine the citizenship of a corporation? (Randazzo)

Answer 10

A corporation is a citizen of all states where incorporated AND where corp. has PPB

§1332(c)(1)

Question 11

Where is a corp.’s PPB? (Hertz)

Answer 11

Nerve Center: Usually the HQs. Where the managers direct, controls, and coordinates corporate activities.

Question 12

Where is an unincorporated business domiciled? (Belleville Catering Co.)

Answer 12

Unincorporated business, LLCs, LLPs, etc. uses the citizenship of all its members.

If law firm with 42 partners, domiciled where ALL 42 partners live

Question 13

What is alienage jurisdiction?

Answer 13

U.S. Citizen v. Foreign Corp., individual, or state

Not alien v. alien

§1332(a)(2-4)

Question 14

What is the citizenship of a legal representative?

Answer 14

If a case involving a minor, incompetent person, or decedent, legal representative is a citizen of the state of the M, I, or D.

§1332(c)(2)

Question 15

What is all that jazz about §1332?

Answer 15

Diversity of Citizenship

Question 16

Rules for Calculating the Amount in Controversy

Answer 16

(1) Must be considered at the outset of the case (look at amount alleged in the complaint)
(2) If alleged in state court, might not have an amount in controversy (3) May have to amend complaint to specify the amount in controversy

Question 17

Aggregation Rules

Answer 17

When there is 1 π suing 1 ∆, that π can aggregate the amount of all of her claims to meet the amount in controversy requirement

Damages 50k, separate breach of contract for 26k, aggregates to 76k

Question 18

Can multiple π’s aggregate claims? Claims against multiple ∆’s?

Answer 18

Nah fam

Question 19

Exceptions for aggregation of claims?`

Answer 19

Rule 23 – Class actions

Also allowed if parties on same side of v have a common, undivided interest

i.e. Joint ownership of a property

Question 20

Osborn

Answer 20

US Constitution Article 3 §2 says all that’s needed in a Federal Question is that federal law be an ingredient in the case

Question 21

Motley

Answer 21

Overrules Osborn, Well-Pleaded Complaint Rule: Federal law (ingredient) must be on the face of the well-pleaded complaint

Question 22

American Well-Works

Answer 22

Creation Test: Whether the federal law has created an express cause of action

Question 23

Shulthis

Answer 23

FQJ over state-law claims that “really and substantially involve a dispute or controversy respecting the validity, construction, or effect of federal law.”

Question 24

Grable

Answer 24

In instances with no express cause of action, there can still be federal jurisdiction if these are present:

(1) Case raises federal issue based on validity construction or effect of federal law.

(2 and 3) Law is actually disputed and substantial

(4) Can be entertained without disrupting the balance of state and federal power

Question 25

Smith

Answer 25

A state-law claim could give rise to FQJ so long as it appears from the complaint that the right to relief depends upon the construction or application of federal law

Question 26

Merrell Dow

Answer 26

A state-created claim can only invoke FQJ if the federal interest in the case were substantial

Question 27

What does §1331 do?

Answer 27

Gives district courts FQJ