FEDERAL SUBJECT MATTER JURISDICTION CHECKLIST
Federal Subject Matter Jurisdiction Checklist Main Question: does the court have the power/ authority to hear this case?
I. The Federal Question- 28 U.S.C. § 1331 and Art. III § 2 of the Constitution A. does the complaint present a Federal Question? (Federal courts are court of limited jurisdiction B. The complaint must be well pleaded in order for a Federal court to have jurisdiction over the case 1. in order for a court to have jurisdiction over the case, the complaint must “arise under” § 1331 for the federal court to have original jurisdiction 2. an anticipated defense based on Federal Law does not cut it! II. Diversity Jurisdiction- 28 U.S.C. § 1332- there must be A. complete diversity on “both sides of the V” AND 1. diverse citizenship entails a. presence in the state b. and the intent to remain indefinitely 2. corporate citizenship: a corporation is a citizen of a state where a. it is incorporated b. has its principle place of business B. an excess of the financial requirement in pleading (over $75,000) 1. issues with aggregating claims III. Supplemental Jurisdiction- 28 U.S.C. § 1367 A. a federal claim and a state claim- which court? B. If a Federal claim and a state claim arise from a “common nucleus of operative fact,” the federal court may hear the entire case (Art. III § 2- extends judicial power to all cases) C. there needs to be a § 1331 Federal question/ claim for the creation of the Federal Court’s supplemental jurisdiction over the state claims D. pendant jurisdiction- hanging state claims off a federal claim E. preserves the rule of complete diversity, but does not apply to strict diversity jurisdiction claim- there must be a federal question!! IV. Removal- 28 U.S.C. § 1441 A. a case can be removed to federal court from a state court by the defendant if a federal claim (under 1331 or 1332) is involved and the Federal Court must have original jurisdiction B. a case can be remanded back to the state court (after it has been removed to the Federal Court) if 1. the claim is a novel/ complex issue of state law, OR 2. the state law claim substantially predominates the federal law claim C. the federal court must have jurisdiction over the case at the time of final judgment (Caterpillar) D. § 1441 (c)- a federal claim and a nonremovable claim can be removed together- there is no need for a “common nucleus of operative fact”