Term
| What types of claims do state courts have to power to decide? |
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Definition
| Claims based on state law and most claims based on federal law |
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Term
| Which claims do state courts not have the power to decide? |
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Definition
Claims of federal laws that are exclusive subject matter jurisdiction of the federal courts
- antitrust, copyright, patent, bankruptcy, and admiralty |
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Term
| What types of claims are heard by "specialty" courts? |
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Definition
| smalls claims court (less than $5000 or $6000), family/juvenile court, traffic court |
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Term
| What 2 types of claims do federal courts have subject matter jurisdiction over? |
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Definition
“Federal Question” claims
“Diversity of Citizenship” claims |
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Term
| Do parties have consent to subject matter jurisdiction? |
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Definition
| • Parties cannot consent to subject matter jurisdiction (i.e., parties cannot agree to let a court decide a claim that the court does not have the power to decide) |
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Term
| In terms of subject matte jurisdiction, what type of government does the law try to keep? |
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Definition
Intended to have a narrower scope of power than many of the state courts
-Government of limited power |
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Term
| What is a federal question case? |
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Definition
| Claims based on federal law- Anytime a lawsuit is asserting that a defendant has violated federal law |
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Term
| Who must assert a claim based on federal law for the federal courts to have subject matter jurisdiction? |
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Definition
The Plaintiff
- ➢ It does not matter if the defendant asserts a defense or counterclaim based on federal law (no “federal question”)- There has to be at least one claim asserted by the plaintiff based on Federal Law |
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Term
| Well Pleaded Complaint Rule |
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Definition
| The Complaint must contain a well-pleaded claim based on federal law, not a frivolous claim solely to get into federal court |
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Term
| When does a federal court have subject matter jurisdiction based on "diversity of citizenship" |
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Definition
1. There is “complete diversity of citizenship” between plaintiffs and defendants;
and
1. The “amount in controversy” exceeds $75,000 |
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Term
| What is the rationale for having the "diversity of citizenship" claims? |
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Definition
Allow out-of-state litigants to bring their claims in federal court to avoid state court bias in favor of in-state litigants, but only in cases where there is a large amount at stake (>$75,000)
• Federal courts are made up of judges that have been selected by the federal government- loyalty to the federal government and all Americans in all states |
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Term
| What are the stipulations of "complete diversity of citizenship"? |
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Definition
means no plaintiff is a citizen of the same state as any defendant
• Citizenship is determined when the Complaint is filed
➢ Changes in citizenship before or after the Complaint is filed do not affect subject matter jurisdiction |
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Term
| What steps can a plaintiff take to destroy diversity of citizenship? |
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Definition
| by moving to the same state as a defendant, adding a defendant from the same state, or suing for $75,000 or less |
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Term
| How to determine citizenship for an individual |
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Definition
Citizen of the state of “domicile”
➢ “Domicile”: The state where the person has (1) primary residence, and (2) an intent to stay indefinitely
➢ Individuals can only be citizens of one state |
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Term
| How to determine citizenship of a corporation |
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Definition
Citizen of both (1) the state of incorporation, and (2) the state where its “principal place of business” (headquarters) is located
➢ Corporations can be citizens of one or two states |
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Term
| How to determine citizenship of an unincorporated association (partnership, union, LLC) |
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Definition
Citizens of every state where its members are citizens
➢ Unincorporated associations can be citizens of many states |
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Term
| What is the "Amount in controversy"? |
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Definition
• The amount in controversy is the amount that the Plaintiff demands in the Complaint when it is filed
➢ It does not include any counterclaims by the Defendant(s)
➢ It does not matter if claims are later added or dropped, or if the plaintiff ultimately wins only $75,000 or less |
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Term
| How much must the "Amount in controversy" exceed to give the federal court subject matter jurisdiction? |
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Definition
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Term
| When can a plaintiff combine claims against multiple defendants to attain federal subject matter jurisdiction? |
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Definition
| only if each claim applies to all defendants (joint and several liability) |
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Term
| Federal Supplemental jurisdiction for state claims |
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Definition
• If a federal court has subject-matter jurisdiction over federal claims in a case (federal question), the court will have supplemental jurisdiction over any state claims that are part of the “same case or controversy”
- Only 1 claim needs to be based on federal law
- ➢ This is true even if the requirements for subject-matter jurisdiction based on “diversity of citizenship” are not met |
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Term
| Do federal courts have the option to claim supplemental jurisdiction over state claims? |
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Definition
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Term
| What is the general rule for removal from a state court to a federal court? |
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Definition
If a case is filed in state court that could have been filed in federal court, the defendant can remove the case to federal court in that state
➢ Only the defendant can remove a case to federal court |
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Term
| What is the exception to the general rule of removal from a state court to a federal court? |
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Definition
| If a case is filed in state court in a state where a defendant is a citizen, the defendant can only remove the case to federal court if there is a “federal question” (i.e., a federal claim in the Complaint) |
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