Subject Matter Jurisdiction
Terms
undefined, object
copy deck
- SMJ
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A. Exclusive
B. Concurrent
1. Federal Question
2. Diversity
a. Amt. in Controversy
b. Domicile
C. Supplemental
D. Removal - Exclusive SMJ
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Admiralty Cases
Bankruptcy Cases
Patent and copyright Cases
Certain Anti-trust cases - SMJ - Concurrent
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Federal Question Jurisdiction
Diversity
1. Amt. in controversy
2. Domicile - SMJ - Pleading & Waiver
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Fed. Question: Well-Plead Complaint - Must state basis of SMJ.
Challenge to SMJ can be raised at any stage including appeal. - Amt.In controversy; Aggregation Rules
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Good Faith estimation saves jurisdiction if court awards less than $75K.
Single P may aggregate all claims against a single D.
Ps may aggregate on a "common undivided interest."
Single P v. Multi-Ds; Aggregate only if D's jointly liable. - Citizenship of Corp
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State of incorporation
State of principal place of business; 1) nerve; 2) muscle test. - Supplemental Jurisidiction (SJ)
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1) Federal courts
2) may hear non-fed, non-diverse claims
3) related to substantial federal claim
4) entire controversy can be adjudicated at one time. (judicial economy). - No SJ in diversity cases
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1)P claims against impleader
2)Compulsory Joinder claims
3)Intervention - SJ and Statute of Limitations
- State statute of limitations are tolled as to all claims when a supplemental claim is asserted in federal proceeding.
- Challenge to SMJ
- Direct Attack; Pre-answer motion, answer or other time. Collateral Attack; No challenge when raised at subsequent suit.
- Removal
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D transfers case from state to federal court.
Orig. federal court jurisdiction
Diversity; removal only if no D is citizen of forum state.
All D's must consent.
If non-removable case is removed to fed. ct., case will be remanded to state ct.