Subject Matter Jurisdiction Review

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					Subject Matter Jurisdiction
         Review
  Civil Procedure - Waterstone
Three questions for fall
semester
1. Does any court in the state have the
   power to hear this case involving a
   particular defendant?
2. If the answer is yes, does only a state
   court, or only a federal court, or both
   have the power to hear this case?
3. What law will apply to this case?
Subject Matter Jurisdiction –
Constitutional basis
• “The judicial power of the United States,
 shall be vested in one supreme Court, and
 in such inferior Courts as the Congress
 may from time to time ordain and
 establish.”
          Article III, Section 1, US Const.
Subject Matter Jurisdiction –
constitutional basis
• “The judicial power shall extend to all
 Cases, in Law and Equity, arising under
 this Constitution, the Laws of the United
 States ... to Controversies between two or
 more States; - between a State and
 Citizens of another State; - between
 Citizens of different States … .”
          Article III, Section 2, U.S. Const.
Federal Question Jurisdiction

• Statutory basis - 28 U.S.C. s 1331.
  “Federal Question. The district courts
  shall have original jurisdiction of all civil
  actions arising under the Constitution,
  laws, or treaties of the United States.”
• Well pleaded complaint rule – Mottley
  – Statutory, not constitutional case
Diversity Jurisdiction
• Statutory basis - 28 U.S.C. s 1332. “Diversity of
  citizenship; amount in controversy; costs. (a) The
  district courts shall have original jurisdiction of all civil
  actions where the matter in controversy exceeds the
  $75,000, exclusive of interests and costs, and is between
  …
   – Citizens of different states
   – Citizens of a State and citizens or subjects of a foreign state
   – Citizens of different States and in which citizens or subject of a
     foreign state are additional parties
   – A foreign state … as plaintiff and citizens of a State or of
     different States.”
Diversity jurisdiction (cont.)
• Citizen = domicile = physical presence + intent to stay.
    – At time that case is initiated (exc. Removal – time of removal)
• Statute interpreted to mean complete diversity.
• Domicile for corporations = state of incorporation +
    principal place of business
    – Split between nerve center, muscle
• “Alien admitted to the United States for permanent
    residence shall be deemed a citizen of the State in which
    such alien is domiciled.” Saadeh
•   Amount in controversy – generally, what P alleges.
    Know aggregation rules.
Supplemental jurisdiction

• Statutory basis – 28 U.S.C. s 1367
  – Section A – federal question jurisdiction – part
    of same case/controversy (common nucleus
    of operative facts); joinder OK.
  – Section B – diversity jurisdiction; joinder not
    OK if defeats diversity.
  – Section C – courts’ discretion
  – Section D – savings provision
Removal Jurisdiction

• Statutory Basis – 28 U.S.C. s 1441
• Need “original jurisdiction”
• Hometown bar in diversity cases; not in
  federal question
• Procedure – 28 U.S.C. ss 1446 & 1447
  – One year limit for diversity cases.
  – Constitutionality of 1441(c)?
Subject Matter Jurisdiction – other
issues
• Difference between constitutional
  authority and statutory grant.
• Purpose of federal jurisdiction.
• Narrowing of diversity jurisdiction.
• Strategy of choice of state vs. federal
• SMJ can be challenged at any time, even
  by court

				
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posted:8/20/2012
language:English
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