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Subject Matter Jurisdiction


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copy deck
A. Exclusive
B. Concurrent
1. Federal Question
2. Diversity
a. Amt. in Controversy
b. Domicile
C. Supplemental
D. Removal
Exclusive SMJ
Admiralty Cases
Bankruptcy Cases
Patent and copyright Cases
Certain Anti-trust cases
SMJ - Concurrent
Federal Question Jurisdiction
1. Amt. in controversy
2. Domicile
SMJ - Pleading & Waiver
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
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
State of incorporation
State of principal place of business; 1) nerve; 2) muscle test.
Supplemental Jurisidiction (SJ)
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
1)P claims against impleader
2)Compulsory Joinder claims
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.
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.

Deck Info