Term
| Who/what set up most of the federal judicial structure? |
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Definition
| Congress, not the Constitution |
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Term
| What is the Constitutional floor for Supreme Court original jurisdiction? |
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Definition
| Supreme Court has original jurisdiction in diplomatic cases or if a state is a party in a case; otherwise appellate jurisdiction at Congressional discretion (article III) |
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Term
| What is subject matter jurisdiction? |
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Definition
| case involving federal questions: Constitutional issues, acts of Congress, or treaties (sec. 1331) (given to Supreme Court from Congress, later) |
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Term
| What is diversity jurisdiction? |
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Definition
| cases involving parties from different states (diversity of citizenship) (sec. 1332) (came from Congress via Judicial Act 1789) |
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Term
| State Farm Fire & Casualty Co v. Tashire (1967) |
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Definition
| Established minimal diversity test, congress can authorize federal jurisdiction when there is any diversity of citizenship even if parties from different states are codefendants, though nowadays plaintiffs and defendants must all be from different states |
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Term
| Grant of power in Article III |
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Definition
| jurisdiction is not self-executing; viewed as the constitution setting up a ceiling and floor |
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Term
| More on the floor and ceiling for Supreme Court jurisdiction |
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Definition
o Anything considered above the Supreme/federal Court’s actual jurisdiction could go to state courts
o “Actual” and “ceiling” are moving points as set by Congressional edict and Supreme Court interpretation
o Naïve view: constitution and congress control floor and ceiling
o Better view: the courts have much more discretion |
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Term
| Osborn v. Bank of United States (1824) |
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Definition
established the ingredient test: any case met the standard so long as federal law potentially formed an ingredient
Ohio was taxing its federal bank in defiance of McC v M, no subject matter jurisdiction existed at the time, court claimed jurisdiction via ingredient test (Bank was created by federal charter)
• To protect federal interest from state bias
• For uniform interpretation of federal law
• To have an expert body of judges familiar with federal law |
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Term
| McCulloch v. Maryland (1819) |
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Definition
| Court held that Congress has the ability to tax and spend and that Maryland couldn’t tax a federal bank |
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Term
| Supplemental jurisdiction |
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Definition
about claims related to claims
o The federal courts can hear claims that are substantially related to additional claims, even if they’d otherwise be outside of federal jurisdiction |
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Term
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Definition
| over people (Owen v. Kroger 1978) → absorbed into supplemental jurisdiction (created by 28 USC 1367) |
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Term
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Definition
| superseded “pendant party jurisdiction”; Claims must have a “common nucleus of operative fact” –Supreme Court in United Mine Workers v. Gibbs (1966) |
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Term
| Finley v United States (1979) |
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Definition
| federal courts can decline supplemental jurisdiction, o If the case could have been brought to the federal courts originally, but was not, the defendant can move the case to federal court after the case is filed |
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