Subject Matter Jurisdiction Flashcards
What kinds of cases can state courts hear?
General SMJ, can hear any type of case
Stawbridge
Complete Diversity Rule: there must be complete diversity bw ∆s and πs
What kinds of cases can only be heard in Federal Court?
(1) Patent
(2) Trademark
(3) Federal Bankruptcy
(4) Admiralty
What the fuck is the Constitution Article III §2 about?
Menu of offerings that congress will use when creating SMJ for lower courts. Congress is limited to this list
Who has the burden of establishing SMJ?
π’s burden to establish that there is SMJ when filing in Federal Court
FRCP 8(a)
Is SMJ waivable?
No
What is required by §1332? (2)
(1) Case between citizens of different states
(2) amount in controversy exceeding 75k
§1332(a)(1-2)
Where is the citizenship of a human being? (Mas)
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.
How does one change their domicile? (Mas)
Must physically enter new state AND form the intent to make it your permanent home (think taking a job, buying a house, etc.)
How do we determine the citizenship of a corporation? (Randazzo)
A corporation is a citizen of all states where incorporated AND where corp. has PPB
§1332(c)(1)
Where is a corp.’s PPB? (Hertz)
Nerve Center: Usually the HQs. Where the managers direct, controls, and coordinates corporate activities.
Where is an unincorporated business domiciled? (Belleville Catering Co.)
Unincorporated business, LLCs, LLPs, etc. uses the citizenship of all its members.
If law firm with 42 partners, domiciled where ALL 42 partners live
What is alienage jurisdiction?
U.S. Citizen v. Foreign Corp., individual, or state
Not alien v. alien
§1332(a)(2-4)
What is the citizenship of a legal representative?
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)
What is all that jazz about §1332?
Diversity of Citizenship
Rules for Calculating the Amount in Controversy
(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
Aggregation Rules
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
Can multiple π’s aggregate claims? Claims against multiple ∆’s?
Nah fam
Exceptions for aggregation of claims?`
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
Osborn
US Constitution Article 3 §2 says all that’s needed in a Federal Question is that federal law be an ingredient in the case
Motley
Overrules Osborn, Well-Pleaded Complaint Rule: Federal law (ingredient) must be on the face of the well-pleaded complaint
American Well-Works
Creation Test: Whether the federal law has created an express cause of action
Shulthis
FQJ over state-law claims that “really and substantially involve a dispute or controversy respecting the validity, construction, or effect of federal law.”
Grable
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
Smith
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
Merrell Dow
A state-created claim can only invoke FQJ if the federal interest in the case were substantial
What does §1331 do?
Gives district courts FQJ
