Subject Matter Jurisdiction (Writing Template)

Question 1

Subject Matter Jurisdiction

Answer 1

SMJ is the federal courts power to hear a particular case. SMJ can either be based upon a federal question or diversity of citizenship. Here,

Question 2

Federal Question

Answer 2

Federal courts have jurisdiction over those claims that are seeking a determination based on ONLY federal law and federal question. Here,

Question 3

Diversity of Citizenship

Answer 3

Diversity of Citizenship requires a showing of both complete diversity and that the amount in controversy exceeds $75,000

Question 4

Complete Diversity

Answer 4

A P must be from a different domicile than ALL defendants. Here,

Question 5

Amount in Controversy

Answer 5

The amount in controversy must exceed $75,000. A P may add all of his individual claims against the D to reach the amount in controversy requirement. Here,

Question 6

Removal Jurisdiciton

Answer 6

A defendant may attempt to remove a case to a federal court, however a plaintiff may not remove a case because he filed the case in the state court in the first place and had his choice of court already.

Question 7

Proper Removal

Answer 7

Removal is proper ONLY if 1) the district court must have SMJ, 2) all the D’s must agree to remove, 3) D’s must file within 30 days of service of process (which starts over with every new D served), 4) No D is a resident of the forum state, 5) D’s must remove within 1 year of filing, unless the P acted in bade faith. Here,

Question 8

Remand

Answer 8

A plaintiff can file a motion to have the cases remanded back to state court. The court must remand whenever it is shown that there was no federal SMJ. Here,

Question 9

Supplemental Jurisdiction

Answer 9

The court has the discretion to exercise supplemental jurisdiction to hear a secondary claim, even if the claim would not otherwise satisfy the court’s SMJ, provided that the claim arises from a “COMMON NUCLEUS OF OPERATIVE FACTS) as the original claim. Here,

Question 10

California SMJ

Answer 10

In CA all counties have one superior court that exercises general SMJ over civil matters not within the exclusive jurisdiction of another court. Here,

Question 11

CA - Limited Civil Cases

Answer 11

A limited civil case is a case where the amount in controversy is $25,000 or less. Limited civil cases DO NOT have SMJ over equitable claims, declaratory relief actions, or requests for ancillary jurisdictions. Further, a P in a limited case cannot recover more than $25,000. Here,

Question 12

CA - Unlimited Civil Cases

Answer 12

An unlimited civil case is a case where the amount in controversy is over $25,000. Unlimited cases allow for a full range of pleadings, motions, discovery, and equitable and declaratory relief. Here,

Question 13

CA - Reclassification

Answer 13

A court may reclassify a case from limited to unlimited or vice versa. The court will reclassify from unlimited to limited if D can show that recovery of $25,000 or more is virtually impossible. The court will reclassify form limited to unlimited if the P can show that there is a possibility that a verdict could be more than $25,000. Here,