Subject-matter jx Flashcards
subject-matter jx
the power of a court to hear a certain type of case
main types of subject-matter jx of federal courts
- federal-question jx
- diversity jx
- supplemental jx
federal-question jx
the case must arise out of federal law or state law that raises a substantial federal question
NOTE: the federal issue must be on the face of P’s well-pleaded complaint
diversity jx
there must be complete diversity of citizenship between the parties and the amount of controversy must exceed $75K
NOT exactly $75K
supplemental jx
If court has jx over one claim, the court may exercise supplemental jx over another claim if both claism arise out of a common nucleus of operative fact
removal
a defendant (NOT P) may remove a case from state court to federal court w/in 30 days of when D realizes case is removable
- BUT NOT over a year in diversity cases
NOTE: a D cannot remove on basis of diversity if any D is domiciled in state where P filed lawsuit