Subject Matter Jurisdiction - Federal

Question 1

Federal Courts

Answer 1

are courts of limited jurisdiction.

Question 2

Two Primary Jurisdictional Bases

Answer 2

Arising Under, Diversity

Question 3

Arising Under

Answer 3

created by federal law OR claim created by state law but depends on a substantial federal question.

claim must appear on face of plaintiff’s well pleaded complain not merely as some defense to be asserted by defendant.

Question 4

Diversity

Answer 4

Complete diversity AND amount in controversy EXCEEDS $75,000 (may not aggregate between parties)

Question 5

Determining Diversity of Citizen

Answer 5

place of domicile, their home or where they intend to remain or return to.

Question 6

Determining Diversity of Corporation

Answer 6

place of incorporation, and place of headquarters (nerve center test)

Question 7

Determining Diversity of Unincorporated

Answer 7

Every single member counts as a separate domiciled party.

Question 8

Diversity of Aliens

Answer 8

Pure v. Non-Alien = complete diversity
Pure v. Pure = no diversity
Permanent Aliens are citizens of states where they reside.

Americans Domiciled Outside US - can neither sue or be sued by diversity.

Question 9

Supplemental Jurisdiction

Answer 9

Primary jurisidction for one claim, but not the other Federal court have discretion, as long as they derive from common nucleus of operative fact.

Question 10

Exception to Supplemental Jurisdiction

Answer 10

If primary jurisdiction rests on diversity, cannot be SJ over additional claims brought by non-diverse parties.