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Federal Civil Procedure > Subject Matter Jurisdicton > Flashcards

Subject Matter Jurisdicton Flashcards

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Civil Procedure 1L flashcards
1
Q

SMJ is about the court’s power over . . .

A

the case

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2
Q

State courts have _____ SMJ

A

General

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3
Q

A citizen of Bolivia sues a citizens of Australia concerning an automobile crash in China. Can a state court in NM hear the case?

A

Yes. Can hear any case basically

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4
Q

Federal courts have ____ SMJ

A

Limited

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5
Q

Two main types of cases a federal court can hear?

A

Diversity of citizenship

Federal question

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6
Q

T or F? Diversity of citizenship includes alienage.

A

True

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7
Q

2 requirements for diversity?

A

Case is either between citizens of different states OR between a citizen of a state and a citizen of a foreign country; AND

Amount in controversy exceeds $75k

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8
Q

Explain the complete diversity rule.

A

Diversity requires that the same state not appear in both sides of the litigation.

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9
Q

Alien admitted to US for permanent residence. She is domiciled in a US state. Is she considered an alien or a citizen?

A

Alien

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10
Q

P (AZ) sues D (green card alien domiciled in AZ) in federal court. Alienage? Explain.

A

No. Statute prohibits SMJ when a GC alien is domicile in the same US state as a litigant on the other side of the case.

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11
Q

P (US citizen domiciled in Japan) sues D (CA) in federal court. Diversity? Alienage? Explain

A

Neither. There is no alienage, because P is a US Citizen. However, P cannot be considered a US citizen for purposes of diversity because he is domiciled in Japan. Domicile controls.

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12
Q

State of citizenship is based on . . .

A

Domicile

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13
Q

Two requirements for domicile?

A

Physical presence

Intent to make that place your permanent home.

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14
Q

At what point in time will the court test for diversity?

A

When the action is filed.

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15
Q

What is/are the citizenship(s) of a corporation?

A

State or country of incorporation AND

State or country of PPB

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16
Q

T or F? A corporation cannot be a citizen of more than one state.

A

False

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17
Q

XYZ Corp (inc. in OR with PPB in UT) sues D (UT). Is there diversity?

A

No. UT on both sides.

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18
Q

A corporations PPB is where its managers . . . .

A

Direct, coordinate, and control corporate activities.

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19
Q

A PPB is often referred to as the _______ ______.

A

Nerve center.

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20
Q

A Co. is inc. in IN and has its headquarters in OH. It has enormous manufacturing plants in AL and SC, in which it employs tens of thousands of workers and does billions of dollars worth of business. Is Acme a citizen of AL or SC? Explain.

A

Neither. Not inc. there nor PPBed there.

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21
Q

What is the citizenship of an unincorporated association (Partnership or LLC)?

A

Citizenship of all its members.

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22
Q

When determining the citizenship of a limited partnership, do you include the citizenships of the limited partners?

A

Yes

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23
Q

LLC is formed in WI and has its PPB in MI. It members are (1) an individual, who is a citizen of NY, and (2) a corp., which is incorporated in TX with its PPB in CA. What are the citizenships of the LLC?

A

NY, TX, and CA.

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24
Q

Decedents, minors, and incompetents must sue or be sued through a _______

A

Representative

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25
Q

When a decedent, minor, or incompetent is involved in a suit, whose citizenship matters: theirs or the rep?

A

Theirs

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26
Q

Will legal costs and interest count toward the $75,000+ minimum?

A

No

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27
Q

Whatever the P claims as the amount in controversy in a diversity claim is OK unless. . .

A

It is clear to a legal certainty that she cannot recover more than $75k

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28
Q

What could be true of a P who is awarded less than $75k?

A

Could be forced to pay D’s litigations costs

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29
Q

Costs are what?

A

The basis expenses of litigation.

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30
Q

Costs do NOT include . . .

A

Atty’s fees.

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31
Q

Can factually unrelated claims be aggregated by one P to meet the pleading requirements?

A

Yes

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32
Q

P 1 sues D for $40k. P2 sues the same D in the same case for $50k. Can we aggregate? Expain.

A

No. Cannot aggregate claims not asserted by a single P against a single D.

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33
Q

P sues joint tortfeasors for $76,000 total. Ok? Explain.

A

Yes. For joint claimants, use the total value of the claim.

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34
Q

P sues D for an injunction to tear down part of his house that block’s P’v view. Two tests, if either is met, most courts say OK for diversity.

A
  1. Does the blocked view decrease the value of P’s property by more than $75k?
  2. Would it cost D more than $75k to comply with the injunction?
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35
Q

Four cases a federal court will not hear EVEN if diversity/alienage is met?

A

Divorce

Alimony

Child custody

Estate probate

36
Q

FQJ is ok if . . .

A

P’s complaint arises under federal law.

37
Q

Under FQ, is citizenship of the parties relevant? Amount in controversy?

A

No, no

38
Q

What is the well-pleaded complaint rule?

A

It is not enough that some federal issue is raised by P’s complaint. The claim itself must arise under federal law.

39
Q

To determine whether a claim meets the well-pleaded complaint rule, we ask . . .

A

Is P enforcing a federal right?

40
Q

Once a case is in federal court under diversity of FQ, addition claims might be asserted in the case (counterclaims, cross claims, etc). If those claims do not satisfy FQ or diversity, the court will still hear the case if it invokes . . .

A

Suppl. jurisdiction

41
Q

What is the test for supplemental jurisdiction?

A

Whether the extra claim shares a common nucleus of operative fact with the claim that invoked FQ or D jurisdiction.

42
Q

When is the common nucleus of operative fact always met?

A

When the claim arises from the same T/O as the underlying claim.

43
Q

The limitation that certain claims cannot invoke Supp. J. even if they meet the test applies only to what type of cases: D or FQ?

A

D

44
Q

In a ______ case, the ______ cannot use supplemental jurisdiction to overcome a lack of ____________.

A

Diversity

Plaintiff

Diversity

45
Q

The limitation on supplemental jurisdiction takes away the plaintiff’s ability to assert a claim against who?

A

A co-citizen.

46
Q

In a diversity case, plaintiff cannot use supplemental jurisdiction to overcome what?

A

A lack of diversity.

47
Q

P (PA) sues D (PA) for 1) a claim arising under federal law and 2) a claim under state law. The claims arise from the same T/O. Will both claims be permitted? Explain.

A

Claim 1 is OK. It’s FQ.

Claim 2 is not. It’s neither FQ or D. However, P CAN use supplemental jurisdiction because P CAN assert supplemental jurisdiction over a co-citizen when jurisdiction on the underlying claim is based on FQ.

48
Q

P (NC) sues D (SC) for $100k for a car wreck. That invokes diversity, so the case is in federal court. D files a counterclaim arising from the same T/O against P. The CC is a state law claim for $50k. The counterclaim fails to invoke D or FQ. Can D invoke supplemental jurisdiction? Explain

A

Yes. Meets the same T/O rule AND the limitation does not apply to claims by the D.

49
Q

P (NC) sues D (SC) for $100k for a car wreck. That invokes diversity, so the case is in federal court. D files a counterclaim against P arising from a separate event.. The CC is a state law claim for $50k. The counterclaim fails to invoke D or FQ. Can D invoke supplemental jurisdiction? Explain

A

No. Suppl. jurisdiction requires the same T/O.

50
Q

P (CO) sues D-1 (PA) and D-2 (CO) on state law claims in one case. The claims arise from the same T/O. The claims exceed $75,000. Can there be suppl. jurisd. over the claim by P against D-2? Explain.

A

No. While the claim against D2 meets the same T/O test, this case violates the complete diversity rule. Accordingly, the case never gets into federal court. No fed court, no chance for suppl. juris.

51
Q

P1 (VA) and P2 (VA) sues D (PA) on state law claims. P1’s claim is for $100k. P2’s claim arises from the same T/O and is for $50k. P1’s claim meets diversity, so the case gets in to fed court. But P2’s claim does not, because even though citizenship is diverse and is OK, the claim does not exceed $75k. Can the claim by P2 invoke suppl. juris? Explain.

A

Yes It meets the same T/O test and the limitation does not apply because P2 is not trying to overcome a lack of diversity.

52
Q

A non-fed, non-diversity claim can be heard in fed court UNLESS it is (3):

A

Asserted by a P

In a diversity case AND

It is asserted against a citizen of the same state as the P.

53
Q

When can a court reject a claim despite meeting the suppl. juris. requirements? (3)

A

If the state law claim is complex;

state law issues would predominate in the case; or

the underlying claim is dismissed early

54
Q

Removal transfers a case from where to where?

A

State to fed court

55
Q

If removal was improper, the ____ court can _____

A

Fed

Remand

56
Q

What is the time limitation on removal?

A

30 days from service of the first paper that shows the case is removable.

57
Q

A case must be removed within 30 days of what?

A

Service of the first paper that shows the case is removable.

58
Q

Who must join in removal?

A

ALL D’s served with process.

59
Q

T or F? To remove, all named D’s must agree.

A

False. All D’s served with process.

60
Q

P sues D1 and D2. D1 is served with process on June 1. D2 is served on August 21. Can both D1 and D2 remove?

A

Yes, can remove within 30 days of service on D2.

61
Q

If D files a counterclaim against P, can P remove?

A

Never

62
Q

What must be true of the case in order to be removed?

A

Must meet D or FQ requirements.

63
Q

There are two big exceptions to the rule that in order to be removable, the case must meet D or FQ. These exceptions only apply if we are removing on the basis of what?

A

Diversity.

64
Q

There are two big exceptions to the rule that in order to be removable, the case must meet D or FQ. What are they?

A

No removal is any D is a citizen of the forum AND

No removal more than one year after the case was filed in state court.

65
Q

P (GA) sues D-1 (MN) and D-2 (AL) on state law claims for $500k in an Alabama state court. Can D-1 and D-2 remove? Why?

A

No. D-2 is an instate D.

66
Q

P (GA) sues D-1 (MN) and D-2 (AL) on state law claims for $500k in an Alabama state court. P voluntarily dismisses claim against D-2 six months later. Can D-1? Why?

A

Yes. Despite the fact that 30 days have passed, the case just now became removable so D1 can do so.

67
Q

P (GA) sues D-1 (MN) and D-2 (AL) on state law claims for $500k in an Alabama state court. P voluntarily dismisses claim against D-2 13 months later. Can D-1? Why?

A

No. The case was filed more than 1 year ago, so ignore the fact that it just became removable with D2 being gone. It cannot be removed.

68
Q

When and only when will a court grant removal more than 1 year after the case was filed?

A

If P acted in bad faith by originally joining a party to prevent removal.

69
Q

D must remove a case to where?

A

The federal district “embracing” the state court where the case was filed.

70
Q

To remove, does D need permission from the state court?

A

No

71
Q

To remove, D must file what with the fed court? What must it state?

A

Notice of removal

Must state grounds for removal.

72
Q

What must be attached to D’s notice of removal?

A

All documents that were served on her in the state action.

73
Q

What must D do before filing a notice of removal with the fed. court?

A

Serve copies on all adverse parties.

74
Q

If P thinks a case should not have been removed, she must do what?

A

Move to remand.

75
Q

If P thinks removal was improper for some reason other than lack of SMJ, she must move to remand within how long?

A

30 days.

76
Q

If P thinks removal was improper for some reason other than (this), she must move to remand within 30 days.

A

Lack of SMJ

77
Q

If P thinks removal was improper for lack of SMJ, when must she move to remand?

A

Anytime.

78
Q

D removes a diversity case but there was an instate D. P moves to remand? How long? Why?

A

30 days. This is not considered to be a problem with SMJ, so 30 day limit applies.

79
Q

Explain the Erie Doctrine.

A

mandates that a federal court sitting in diversity jurisdiction (or in general, when hearing state law claims in contexts like supplemental jurisdiction or adversarial proceedings in bankruptcy) must apply state substantive law to resolve claims under state law.

80
Q

In a diversity case, if there is a federal law on point that conflicts with a state law, apply . . .

A

Fed law (Supremacy Clause)

81
Q

State law says that a particular claim must be asserted individually, and not in a class action. In a diversity case, FRCP 23 would allow it to proceed as a class action. What does the fed court do?

A

Apply FRCP if valid.

82
Q

An FRCP is valid if . . .

A

It does not modify substantive rights.

83
Q

Under ERIE, apply ____ procedural law and _____ substantive law.

A

Federal

State

84
Q

If there is not federal law on point, the federal judge must apply state law if this issue is determined to be substantive. Which four issues are clearly substantive?

A

Elements of a claim or defense

SOL

Rules for tolling SOL

Conflict (or choice) of law rules

85
Q

P (Latvia) sues D (PA) in PA Dist. Court for $100k. SMJ?

A

Yes, alienage. Fed ct. has SMJ of claim of foreign citizens against US citizens as long as amount in controversy is met.

Federal Civil Procedure (13 decks)

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